Legal Opinion

Ladd v. Ladd

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 7 opinions

Appeal from the Probate Court of Mobile. . Tried before the Hon. Pkice Williams, Jr. J. M. Ladd and others proceeded regularly in the probate court of Mobile county to obtain an order or decree to sell for division certain land held by joint owners or tenants in common. U. V. Ladd and the other joint owners were made parties. The decree of sale was rendered, the sale had, and the report duly made by the commissioner and confirmed by the court.

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Appeal from the Probate Court of Mobile. . Tried before the Hon. Pkice Williams, Jr. J. M. Ladd and others proceeded regularly in the probate court of Mobile county to obtain an order or decree to sell for division certain land held by joint owners or tenants in common. U. V. Ladd and the other joint owners were made parties. The decree of sale was rendered, the sale had, and the report duly made by the commissioner and confirmed by the court. The lands in controversy in this appeal consisted of cypress timber lands lying on the east side of Mobile River and valuable chiefly or wholly'for the…

1Opinion of the Court

McCLELLAN, O. J.

— This is an appeal from tbe order of tlie probate court confirming a sale of land for ■ division among tenants in common. Tbe only issue litigated in tbe court below Avas Avbetber tbe price paid for tbe land was greatly less than its value. Tlie court overruled tbe exceptions made to tbe report and confirmed tbe sale. Tbe questions presented for our consideration arise on tbe probate court’s rulings upon tbe competency of testimony. Tbe land in question was a body of about 1800 acres valuable only for tbe cypress timber on it. In arriving at the value of tbe timber tbe court…

2Cases cited1 opinion

  1. Grand Tower Co. v. PhillipsSupreme Court of the United States · 1874

3Cited by7 opinions

  1. Thornton v. City of BirminghamSupreme Court of Alabama · 1948
  2. Central of Ga. Railway Co. v. JonesSupreme Court of Alabama · 1911
  3. Hooper v. DorseyAlabama Court of Appeals · 1912
  4. Waller v. HarrisSupreme Court of Alabama · 1930
  5. Central of Georgia Railway Co. v. TurnerSupreme Court of Alabama · 1904

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