Ford v. Borders
Supreme Court of Alabama
Appeal from City Court of Anniston; Thomas W. Coleman, Jr., Judge. Suit by May C. Ford against C. S. Borders and another. Decree for respondents, and complainant appeals. Appellant, in her individual capacity, filed the original bill against C. S. and Ab. G. Borders, appellees, as tenants in common of a certain tract of land.
Read the full summary
Appeal from City Court of Anniston; Thomas W. Coleman, Jr., Judge. Suit by May C. Ford against C. S. Borders and another. Decree for respondents, and complainant appeals. Appellant, in her individual capacity, filed the original bill against C. S. and Ab. G. Borders, appellees, as tenants in common of a certain tract of land. The bill sought a sale for distribution of the common property, and an accounting as for. the purchase price paid for the lands, and as for rents, and as for certain timber used by respondents and charcoal sold from the lands. Complainant’s claim of title to the land was…
1Opinion of the CourtMayfield, J.
The sola question presented for decision by this appeal is whether or not the bill as last amended is multifarious. We are of the opinion that the trial court ruled correctly on the demurrer to the' bill as last amended.
[1-3] A bill for partition among tenants in common is not rendered multifarious by seeking an accounting among ttie tenants in common as for rent or other uses of the common property and for amounts expended thereon by same. The original bill was therefore not multifarious, though probably an accounting should be had only for the time after complainant acquired her interest;…
2Cases cited3 opinions
- Singer v. SingerSupreme Court of Alabama · 1910
- Alabama Great Southern R. R. v. ProutySupreme Court of Alabama · 1907
- Sicard v. GuyllouSupreme Court of Alabama · 1906
3Cited by32 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Hill v. RiceSupreme Court of Alabama · 1953
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Porter v. HendersonSupreme Court of Alabama · 1919
- O'Dell v. StateSupreme Court of Alabama · 1959
27 more not listed; retrieve them via the Exa API.