Legal Opinion

Tindal v. Drake

Supreme Court of Alabama

Decided June 15, 1874PublishedCited by 15 opinions

Appeal from the Chancery Court of Hale. Tried before the Hon. A. W. Dillard. The bill in this case was filed, on the 26th April, 1871, by Pleasant M. Tindal and others, children and grandchildren of Harvey Tindal and Sarah E. Tindal, his wife, against William B. Drake and others; and sought a partition of certain lands, which were in the possession of said Drake, and which the complainant claimed under certain deeds hereinafter referred to, and an account of the rents and…

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Appeal from the Chancery Court of Hale. Tried before the Hon. A. W. Dillard. The bill in this case was filed, on the 26th April, 1871, by Pleasant M. Tindal and others, children and grandchildren of Harvey Tindal and Sarah E. Tindal, his wife, against William B. Drake and others; and sought a partition of certain lands, which were in the possession of said Drake, and which the complainant claimed under certain deeds hereinafter referred to, and an account of the rents and profits while in his possession; and it also asked, “if necessary,” the removal of Philip P. May, who had been appointed…

1Opinion of the CourtBrickell, J.

There are questions of grave importance *577to the parties in interest, suggested by the argument of counsel, which must arise in the future progress, and on the final determination of this cause, on which we forbear to express an opinion in the present state of the record. In view of the tendency of modern decisions, some of which are collected and reviewed in Williams v. McConico (36 Ala. 28), the quantity and character of estate taken by Sarah E. Tindal and her children— whether she had a life estate, and her children a remainder, or whether she and her children take an immediate estate…

2Cases cited2 opinions

  1. Horton v. SledgeSupreme Court of Alabama · 1856
  2. You v. FlinnSupreme Court of Alabama · 1859

3Cited by15 opinions

  1. Henderson v. HendersonSupreme Court of Alabama · 1923
  2. Gindrat v. Western RailwaySupreme Court of Alabama · 1892
  3. Marshall v. MarshallSupreme Court of Alabama · 1888
  4. Donnor v. QuartermasSupreme Court of Alabama · 1890
  5. Wilkinson v. MaySupreme Court of Alabama · 1881

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