McMillan v. McMillan
Supreme Court of Alabama
Appeal from Circuit Court, Monroe County; Ben D. Turner, Judge. Suit by Liston McMillan and others against John McMillan and wife and others. From decree rendered, respondents appeal.
1Opinion of the CourtSomerville, J.
The bill is filed for a sale of land for division among tenants in common.
Complainants, and some of the respondents, claim as heirs of their grandmother, Mahala McMillan, who, they allege was the owner of the land at her death. The adversary respondents are also heirs of Mahala McMillan, but they claim under an exclusive title deraigned from Aberdeen McMillan, 'Sr., who was the husband of Mahala.
The decisive question of fact in the case is simply whether the original owner, one McKenzie, sold and conveyed the land to Mahala, the wife, or to Aberdeen, the husband.
The evidence shows that the…
2Cited by2 opinions
- Hockstein v. HamiltonSupreme Court of Alabama · 1932
- Johnson v. JohnsonSupreme Court of Alabama · 1962