Turk v. Turk
Supreme Court of Alabama
Appeal from Circuit Court, Monroe County; John D. Leigh, Judge. Bill by-T. S. Turk, individually and as administrator of the estate of Labon Turk, against G. C. Turk and others, to sell lands to pay debts and for division, seeking also to merge this suit with a petition heretofore filed by another heir of Labon Turk to sell said lands, and have both considered together. From a decree sustaining demurrers to the bill, complainants appeal.
Read the full summary
Appeal from Circuit Court, Monroe County; John D. Leigh, Judge. Bill by-T. S. Turk, individually and as administrator of the estate of Labon Turk, against G. C. Turk and others, to sell lands to pay debts and for division, seeking also to merge this suit with a petition heretofore filed by another heir of Labon Turk to sell said lands, and have both considered together. From a decree sustaining demurrers to the bill, complainants appeal. Administration by an heir desiring it is a matter of right. .29 Ala; 278; 52 Ala. 124. An administrator may sell for division, although there are no debts.…
1Opinion of the CourtMiller, J.
This bill was filed by T. S. Turk, individually and as administrator of the estate of Labon Turk,' deceased, against G. O. Turk and others, to sell certain land therein described- for division among the heirs of the estate of Labon Turk, on the ground that it cannot be equitably partitioned and for the further purpose of paying the debts of the estate, the personal property being insufficient. The land is described, and the exact interest of each party in the title is stated in the bill.
[1] The bill avers that Labon Turk, deceased, owned the land by deed conveying it to him by his wife, Sarah…
2Cases cited10 opinions
- Abney v. MooreSupreme Court of Alabama · 1894
- McCombs v. StephensonSupreme Court of Alabama · 1907
- Doe ex dem Miller v. CullumSupreme Court of Alabama · 1843
- Alabama Corn Mills Co. v. Mobile Docks Co.Supreme Court of Alabama · 1917
- Gillham Sisters v. MustinSupreme Court of Alabama · 1868
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Redwine v. JacksonSupreme Court of Alabama · 1950
- George v. WidemireSupreme Court of Alabama · 1942
- Powell v. LabrySupreme Court of Alabama · 1923
- Irwin v. BaggettSupreme Court of Alabama · 1935
- M. C. Dixon Lumber Co. v. MathisonSupreme Court of Alabama · 1972
4 more not listed; retrieve them via the Exa API.