Legal Opinion

Jellerson v. Pettus

Supreme Court of Alabama

Decided June 28, 1902PublishedCited by 14 opinions

Appeal from the Chancery Court of Mobile. Heard before the Hon. Thos. H. Smith. The hill in this case was filed by the appellant Margaret Jellerson, against the appellees on January 21, 1901. ‘ ’ It was averred in the bill that the complainant was the cotenant with the appellees in the ownership of certain lands im Mobile connty; and the prayer of the bill was for the sale of said lands for division among tire joint owners.

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Appeal from the Chancery Court of Mobile. Heard before the Hon. Thos. H. Smith. The hill in this case was filed by the appellant Margaret Jellerson, against the appellees on January 21, 1901. ‘ ’ It was averred in the bill that the complainant was the cotenant with the appellees in the ownership of certain lands im Mobile connty; and the prayer of the bill was for the sale of said lands for division among tire joint owners. The facts of the case are sufficiently stated in the opinion. Tlie appeal is prosecuted from a decree of the chancellor holding the plea interposed by the defendant Henry…

1Opinion of the CourtDowdell, J.

— The bill in tins case was filed for the purpose of a sale of the land described for division among joint owners. Henry J. Pettus, one of the respondents, filed a plea setting up staleness, of demand and lapse of time as a bar to a recovery. A submission was had on the sufficiency of the plea, and Horn the decree of the chancellor holding the plea sufficient this appeal is prosecuted.

The plea, among other tilings averred in substance, that James E. Saunders, Anatolo Babby, and Antoine Rabby were in possession of all the land in 1861, under claim and color of title to the whole inerest…

2Cases cited2 opinions

  1. Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
  2. Walker v. CrawfordSupreme Court of Alabama · 1881

3Cited by14 opinions

  1. Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
  2. Roach v. CoxSupreme Court of Alabama · 1909
  3. Scott v. ScottSupreme Court of Alabama · 1918
  4. Duncan v. JohnsonSupreme Court of Alabama · 1976
  5. Alabama Coal & Coke Co. v. Gulf Coal & Coke Co.Supreme Court of Alabama · 1911

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