Sims v. Sims
Supreme Court of Alabama
Bill for Partition or Bivision. Appeal from Covington Chancery 'Court. Heard before Hon. L. D. Gardner. Bill by Jacob Sims and another against John Sims and another for a sale of land for division.
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Bill for Partition or Bivision. Appeal from Covington Chancery 'Court. Heard before Hon. L. D. Gardner. Bill by Jacob Sims and another against John Sims and another for a sale of land for division. Decree for complainants and respondents appeal. — On a bill filed for partition and division or for sale for that purpose the court will entertain and settle questions of advancement.— Comer v. Sheahee, 129 Ala. 528; Booth v. Foster, 111 Ala. 312; Marshall v. Marshall, 86 Ala. 383. Property given by a parent to a child is presumed to have been intended as an advancement. — Clements v. Hood, 57 Ala.…
1Opinion of the CourtDowdell, C. J.
— This appeal is taken from a final decree rendered on submission of the cause on the pleadings and proof. On the state of the record before us, the main question — if not the only one presented — is one of fact. The evidence without dispute shows that the land sought to be sold for division was the homestead of the ancestor of the parties to this suit, and that he was a married man and resided thereon at the time of the execution of the purported deed offered in evidence by the respondent, John Sims. There was no separate acknowledgment by the wife to this deed, as required by the statute,…
2Cited by3 opinions
- Headen v. HeadenSupreme Court of Alabama · 1911
- Thomas v. ThomasSupreme Court of Alabama · 1926
- Waters v. Gadsden-Ala. C. L. Co.Supreme Court of Alabama · 1913