Wilkinson v. Stuart
Supreme Court of Alabama
Appear from the Chancery Court of Butler. Heard before the Hon. John A. Foster. The bill in this case was filed on the 4th December, 1882, by Lewis C. Stuart, against W. W. Wilkinson, praying an equitable division of certain lands, particularly described in the bill, and an injunction of' further proceedings in the Probate Court, under a petition filed by said Wilkinson, to have the lands solds, on the ground that they could not be equitably divided without a sale.
Read the full summary
Appear from the Chancery Court of Butler. Heard before the Hon. John A. Foster. The bill in this case was filed on the 4th December, 1882, by Lewis C. Stuart, against W. W. Wilkinson, praying an equitable division of certain lands, particularly described in the bill, and an injunction of' further proceedings in the Probate Court, under a petition filed by said Wilkinson, to have the lands solds, on the ground that they could not be equitably divided without a sale. The lands were bought by the parties at a sale made by the administrator of the estate of W. J. Peavey, deceased, and were…
1Opinion of the CourtBb.ickell, C. J.
— The partition of lands between joint tenants, tenants in common, and co-parceners, is an established head of equity jurisdiction; and though there may be doubt as to its origin, it is now generally rested on the inadequacy of remedies at law, and the capacity of the court to grant more complete relief, ad justing the equities of the parties, and'meeting exigencies or necessities’which may be peculiar to the particular case. — 1 Story’s Eq. §§ 646-50; 2 Lead. Eq. Cases, 894; Deloney v. Walker, 9 Port. 497. If the title of the plaintiff is-clear, or if it is admitted, the partition is matter…
2Cases cited9 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Newbold v. SmartSupreme Court of Alabama · 1880
- Moore v. LesueurSupreme Court of Alabama · 1858
- Deloney v. WalkerSupreme Court of Alabama · 1839
- King v. SmithSupreme Court of Alabama · 1849
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Gay, Hardie & Co. v. Brierfield Coal & Iron Co.Supreme Court of Alabama · 1891
- Marshall v. MarshallSupreme Court of Alabama · 1888
- Donnor v. QuartermasSupreme Court of Alabama · 1890
- McQueen v. TurnerSupreme Court of Alabama · 1890
- Lyon v. PowellSupreme Court of Alabama · 1884
19 more not listed; retrieve them via the Exa API.