Legal Opinion

Broyles v. Waddel

Tennessee Supreme Court

Decided September 15, 1872PublishedCited by 5 opinions

EROM 'WASHINGTON. Appeal from the Chancery Court at Jonesboro, May Term, 1870. H. C. Smith, Ch. One tenant in common, who has been in the exclusive perception of the rents and profits, on a bill for partition and account, the latter will also be decreed : Story’s Eq., sec 655. Passim.

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EROM 'WASHINGTON. Appeal from the Chancery Court at Jonesboro, May Term, 1870. H. C. Smith, Ch. One tenant in common, who has been in the exclusive perception of the rents and profits, on a bill for partition and account, the latter will also be decreed : Story’s Eq., sec 655. Passim. Improvements will be allowed only to the extent to which they have enhanced the value of'the land: Humphreys v. Plattsinger, 3 Sneed, 228, 230; Alston v. Boyd, 6 Hum., 504, 508; Herring v. Pollard, 4 Hum., 362, Mathews v. Davis, 6 Hum.,. 324; Phea v. Allison, 3 Head, 176. Lasting and valuable improvements only…

1Opinion of the CourtSneed, J.

The complainants are heirs at law of Ephraim Broyles, deceased, who died in 1843 without issue, but leaving the defendant, Margaret, his widow, who, in 1848, became the wife of defendant WaddeL The heirs at law of Ephraim Broyles were his brothers and sisters, eleven in number, of whom three are the complainants in this bill, which they have brought for the partition of the real estate of said Ephraim.

The real estate consists of one tract of 160 acres, out of which dower has been allotted to the widow, upon which she and her husband, the defendant Wad-del, have resided for more than twenty…

2Cases cited3 opinions

  1. Page v. WebsterMichigan Supreme Court · 1860
  2. Cline v. MitchellWashington Supreme Court · 1890
  3. Thorpe v. Tenem Ditch Co.Washington Supreme Court · 1889

3Cited by5 opinions

  1. Parker v. LambertCourt of Appeals of Tennessee · 2006
  2. United States v. 403.15 Acres of Land, More or LessDistrict Court, M.D. Tennessee · 1970
  3. Sproles v. GrayTennessee Supreme Court · 1956
  4. Janella L. McCants v. Jacinta L. McGavockCourt of Appeals of Tennessee · 2019
  5. Suzanne R. Vance v. Sally Ann BlueCourt of Appeals of Tennessee · 2022

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