Legal Opinion

Gibson v. Hall

Supreme Court of Alabama

Decided March 25, 1954No. 2 Div. 329PublishedCited by 2 opinions

1Opinion of the Court

SIMPSON, Justice.

Bill in equity by tenants in common to sell lands for division and for other relief. From a general decree sustaining the demurrer, the complainants have appealed. This court will in such a situation attribute the ruling of the trial court to the grounds of demurrer addressed to the bill as a whole and if any aspect is well pleaded against the grounds interposed, the bill will be held good. Florence Gin Co. v. City of Florence, 226 Ala. 478(1, 2), 147 So. 417; Rowe v. Rowe, 256 Ala. 491, 55 So.2d 749. On this theory the decree below sustaining the demurrer was erroneous,…

2Cases cited16 opinions

  1. Winsett v. WinsettSupreme Court of Alabama · 1919
  2. McCarthy v. NicrosiSupreme Court of Alabama · 1882
  3. Florence Gin Co. v. City of FlorenceSupreme Court of Alabama · 1933
  4. Ellis v. StickneySupreme Court of Alabama · 1949
  5. Rowe v. RoweSupreme Court of Alabama · 1951

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3Cited by2 opinions

  1. Cunningham v. AndressSupreme Court of Alabama · 1958
  2. Malone v. JonesSupreme Court of Alabama · 1956

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