Crausby v. Crausby
Supreme Court of Alabama
Appeal from Covington Chancery Court. Heard before Hon! L. D. Gardner. Bill by Thomas Crausby, and others, against William Crausby, and others, to redeem land from foreclosure sale. There was a decree holding the pleas filed by respondents sufficient, and complainants appeal.
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Appeal from Covington Chancery Court. Heard before Hon! L. D. Gardner. Bill by Thomas Crausby, and others, against William Crausby, and others, to redeem land from foreclosure sale. There was a decree holding the pleas filed by respondents sufficient, and complainants appeal. Title ivas' not necessa.rily litigated or settled between the parties in suits or bills for partition, and hence, the partition proceedings were not a bar to the present suit. — Wood v. Wood, 134 Ala. 566; Greenwood v. Warren, 121 Ala. 71. Due process of law means that a party shall have an opportunity to be heard in his…
1Opinion of the CourtMayfield, J.
The complainants filed their bill against respondents to redeem certain lands therein described from an execution sale, at which sale one of the respondents purchased and thereafter conveyed the timber and timber rights in and to the lands to1 the other respondents, and then seek a sale of the lands for partition among the parties to the suit, and also seek to charge the respondents as for waste, rents, incomes, and profits as to the common property. To that part of the. bill which seeks a sale of the lands for partition and distribution among the joint owners, the defendants filed separate…
2Cases cited3 opinions
- Tankersly v. PettisSupreme Court of Alabama · 1881
- Glasser, Kuder & Ottensosser v. MeyrovitzSupreme Court of Alabama · 1898
- Davis v. BinghamSupreme Court of Alabama · 1895
3Cited by11 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Jay v. StateAlabama Court of Appeals · 1916
- Terrell v. NelsonSupreme Court of Alabama · 1917
- Schillinger v. LearySupreme Court of Alabama · 1917
- Alexander v. LivingstonSupreme Court of Alabama · 1921
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