West v. West
Supreme Court of Alabama
Appeal from the Chancery Court of Marshall. Heard before the Hon. S. K. MoSpadden. The bill in this case was filed on the 28th January, 1889, by Benjamin F. West, suing as guardian of William F. Johnson, a lunatic, against Mrs. Mary West and her husband, John H. West; and sought partition of a tract of .land, which had descended to Mrs. West and saidW.
Read the full summary
Appeal from the Chancery Court of Marshall. Heard before the Hon. S. K. MoSpadden. The bill in this case was filed on the 28th January, 1889, by Benjamin F. West, suing as guardian of William F. Johnson, a lunatic, against Mrs. Mary West and her husband, John H. West; and sought partition of a tract of .land, which had descended to Mrs. West and saidW. F. Johnson, .who were brother and sister, on the death of their father, intestate, in 1863 ; also, an account of the rents and profits of the land,,and a sale of the portion which might be allotted to said W. F. Johnson. A portion of the tract…
1Opinion of the CourtClopton, J.
The bill is filed by appellee, as the guardian of William F. Johnson, against wdiom an inquisition of lunacy .was taken in the Probate Court of Yell county, Arkansas, and seeks a partition of the lands owned by his ward and the defendants as tenants in common. The first ground of demurrer is, that the lunatic is not made a party. The general rule in a court of equity is, that all persons having a material interest in the subject-matter of a suit must be made parties, in order that complete justice may be done, and that they may be concluded by the decree; and this rule applies to infants and…
2Cases cited5 opinions
- Newbold v. SmartSupreme Court of Alabama · 1880
- Gayle v. JohnstonSupreme Court of Alabama · 1885
- Wilkinson v. StuartSupreme Court of Alabama · 1883
- Gorham v. GorhamNew York Court of Chancery · 1848
- Blackman v. DavisSupreme Court of Alabama · 1868
3Cited by20 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Stein v. McGrathSupreme Court of Alabama · 1900
- Wood v. EstesSupreme Court of Alabama · 1932
- Amann v. BurkeSupreme Court of Alabama · 1939
- Bullock v. KnoxSupreme Court of Alabama · 1892
15 more not listed; retrieve them via the Exa API.