Johns v. Johns
Supreme Court of Alabama
Bill in Equity between Tenants in Common, for Sale of Lauds for Distribution, and Account of Rents and Profits. Appeal from the Chancery Court of Cleburne. Heard before the Hon. S. K McSpadden. The bill in this case was filed on the 22d February, 1889, by George D. Johns, Erastus S. Johns, and Mrs. Mary A. Boyd, against William J. Johns, Thos.
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Bill in Equity between Tenants in Common, for Sale of Lauds for Distribution, and Account of Rents and Profits. Appeal from the Chancery Court of Cleburne. Heard before the Hon. S. K McSpadden. The bill in this case was filed on the 22d February, 1889, by George D. Johns, Erastus S. Johns, and Mrs. Mary A. Boyd, against William J. Johns, Thos. J. Johns, and George W. Cook; and sought a sale of certain lands for partition among the several parties as tenants in common, on the ground that they could not be equitably divided without a sale, and an account of the rents and profits. The chancellor…
1Opinion of the CourtStone, C. J.
— The complainants, three in number, and the defendant William J. Johns, together with others not sued, were tenants in common of the tract of land described in the -bill. The title accrued to them under the will of Thomas Johns, Sr., who died in 1870. Wm. J. Johns was named executor in the will, but. he never qualified as such. The will was regularly probated and established in Cleburne Probate Court, soon after testator’s death. No question is raised on the validity of the will, nor is it denied that the tes*241tator owned the lands at his death. All the parties originally claimed title under…
2Cases cited13 opinions
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
- Donnor v. QuartermasSupreme Court of Alabama · 1890
- Newbold v. SmartSupreme Court of Alabama · 1880
- Weare v. Van MeterSupreme Court of Iowa · 1875
- Dameron v. JamesonSupreme Court of Missouri · 1879
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3Cited by29 opinions
- Kidd v. BorumSupreme Court of Alabama · 1913
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Stein v. McGrathSupreme Court of Alabama · 1900
- Gilb v. O'NeillSupreme Court of Alabama · 1932
- Markstein v. SchilleciSupreme Court of Alabama · 1952
24 more not listed; retrieve them via the Exa API.