Smith v. Dunn
Supreme Court of Alabama
Appeal from the Chancery Court of Macon. Heard before the Hon. A. J. Walker. This bill was filed by the appellee, as executor of John Potter, deceased, against the appellant, as administrator of William Potter, deceased ; and its object was to obtain partition of a slave, which was alleged to have been bequeathed to one David Potter for life, “ and at his death to go to his sons, John and William, to be equally divided between them.”
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Appeal from the Chancery Court of Macon. Heard before the Hon. A. J. Walker. This bill was filed by the appellee, as executor of John Potter, deceased, against the appellant, as administrator of William Potter, deceased ; and its object was to obtain partition of a slave, which was alleged to have been bequeathed to one David Potter for life, “ and at his death to go to his sons, John and William, to be equally divided between them.” The bill alleged, that the slave was held by said David Potter during his life under said bequest; that on his death said slave went into the possession of said…
1Opinion of the CourtRice, J.
We shall notice only the point made in the argument of appellant’s counsel. That point is, “that the title of complainant in the slave, in which partition is sought by the bill and decreed by the chancellor, is denied in the answer of the defendant; and such being the case, the court cannot go on and decree partition, but will at once dismiss the bill, or, perhaps, direct an issue at law to be tried.”
We may concede, that in a bill for partition of land, if the defendant denies the title of the plaintiff, and sets up an adverse possession and a title in himself in severalty, the court of…
2Cases cited1 opinion
- Perminter v. KellySupreme Court of Alabama · 1851
3Cited by8 opinions
- Horton v. SledgeSupreme Court of Alabama · 1856
- Thompson v. ThompsonSupreme Court of Alabama · 1894
- Teal v. ChancellorSupreme Court of Alabama · 1897
- Marshall v. Crow's Adm'rSupreme Court of Alabama · 1856
- Robinson v. DickeyIndiana Supreme Court · 1896
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