Russell v. Bell
Supreme Court of Alabama
Bill for Partiition. Appeal from DeKalb Chancery Court. Heard before Hon. W. H. Simpson. Bill by E. R, Bell by next friend and others against W. W. Russell and others for partition. Decree for complainants and respondents appeal.
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Bill for Partiition. Appeal from DeKalb Chancery Court. Heard before Hon. W. H. Simpson. Bill by E. R, Bell by next friend and others against W. W. Russell and others for partition. Decree for complainants and respondents appeal. The statute of limitations will run against one tenant in common in favor of his co-tenant. — Brady v. Stiff, 75 Ala. 80. The operation of the statute is not suspended because of infancy, notwithstanding the three years additional allowed.— Riggs v. Fuller, 54 Ala. 141; Tayloe v. Duggar, 65 Ala. 144. Tenants in common may sne separately or generally. — Patton v.…
1Opinion of the CourtSimpson, J.
This is a bill filed by the appellee for sale of lands for partition and for reimbursement to one tenant in common for amount paid to redeem the land from tax sale, etc. The case was before this court at a previous term, upon which appeal it was held that where one tenant in common redeems, although the right of redemption was barred as to the other tenant in common, the redemption is necessarily of the entire interest of all of the tenants in common. The contention of the appellants is that the decision in the case of Russell et al. v. Bell, 160 Ala. 480, 49 South. 314, should be overruled.
*648We…
2Cases cited1 opinion
- Russell v. BellSupreme Court of Alabama · 1909
3Cited by6 opinions
- Elgart v. MintzNew Jersey Superior Court Appellate Division · 1938
- Braly v. PolhillSupreme Court of Alabama · 1936
- Chastang v. Washington Lumber & Turpentine Co.Supreme Court of Alabama · 1958
- Stiles v. SchaffnerWest Virginia Supreme Court · 1937
- Union National Bank v. WatersCourt of Appeals of Tennessee · 1929
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