Savage v. Bradley
Supreme Court of Alabama
Appeal from Conecuh Chancery Court. Heard before Hon. W. L. Parks. Bill by Samuel Bradley’s heirs against L. W. Savage and others. From a decree overruling defendants’ motion to dismiss for want of équity and demurrers to the bill, they appeal. This is a, bill filed by several heirs of Samuel Bradley, deceased, seeking to be let in to redeem certain lands alleged to belong to them all as tenants in common.
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Appeal from Conecuh Chancery Court. Heard before Hon. W. L. Parks. Bill by Samuel Bradley’s heirs against L. W. Savage and others. From a decree overruling defendants’ motion to dismiss for want of équity and demurrers to the bill, they appeal. This is a, bill filed by several heirs of Samuel Bradley, deceased, seeking to be let in to redeem certain lands alleged to belong to them all as tenants in common. The bill alleges that Bradley died seized and possessed of certain lands, describing them, and that prior to his death he had mortgaged said lands to certain persons, who, in pursuance of…
1Opinion of the Court
McCLELLAN, J. —
Tins appeal results from a decree overruling motion to dismiss for want of equity and demurrers to the bill. As a general rule a co-tenant cannot by his own act prejudice in any degree the title or right of his fellows. A joint tenancy is,, as to the common property, a relation in the nature, if not in fact, of trust and confidence; and from this relation presumptions of the utmost favor to all joint owners arise, to the end that the title and rights of each in the joint estate may be preserved unimpaired. — Freeman on Co-Tenacy, §§ 166, 172; Brittin v. Handy, 73 Am. Dec. 497.…
2Cases cited3 opinions
- Lehman, Durr & Co. v. MooreSupreme Court of Alabama · 1890
- Blackburn v. FitzgeraldSupreme Court of Alabama · 1900
- Tait v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1902
3Cited by28 opinions
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Gilb v. O'NeillSupreme Court of Alabama · 1932
- Randolph v. VailsSupreme Court of Alabama · 1912
- Williams v. MassieSupreme Court of Alabama · 1924
- Boyd v. GarrisonSupreme Court of Alabama · 1944
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