Horton v. Sledge
Supreme Court of Alabama
Appeal from the Chancery Court of Madison.’ Heard before the Hon. A. J. Walkee. The original bill in this case was filed by Apples Sledge, an infant suing by her next friend, against George Horton, George H. Hortonf Washington Sledge, and Sally Sledge ; seeking a partition of a tract of land between complainant and said George H. Horton, and an account of rents and profits received by said George H. Horton and George Horton.
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Appeal from the Chancery Court of Madison.’ Heard before the Hon. A. J. Walkee. The original bill in this case was filed by Apples Sledge, an infant suing by her next friend, against George Horton, George H. Hortonf Washington Sledge, and Sally Sledge ; seeking a partition of a tract of land between complainant and said George H. Horton, and an account of rents and profits received by said George H. Horton and George Horton. The deed under which the complainant ^derived title to the land, was executed in this State, on the 2d February, 1835, by one William Lanier, who was the great…
1Opinion of the CourtWalker, J.
We thinlr the chancellor erred in rendering a decree for a partition of the lands. Both George Horton and George H. Horton deny thatunder the deed of William Lanier any title could pass to the complainant, and that complainant’s birth was anterior to the death of Thomas A. Sledge. The former of those, two denials is the controversy of a pure and naked question of law. The latter is the controversy of a question of fact. In the case of Delony v. Walker, 9 Porter, 498, this court decided, without the previ*493ous intervention of a trial at law, a question of legal title arising under a statute,…
2Cases cited13 opinions
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- Hunley v. HunleySupreme Court of Alabama · 1848
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