Broughton v. Broughton
Supreme Court of Alabama
Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge. Bill in equity by Fannie E. Broughton and others, as the widow and heirs of John F. Broughton, against W. H. Broughton, to allot a homestead to the widow, with remainder in the heirs, and to cancel a deed from A. B. Duke and wife to W. H. Broughton. From a decree overruling demurrers to the bill, respondent appeals. The demurrers directed to be set out are as follows: (1) For that said bill is without equity.
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Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge. Bill in equity by Fannie E. Broughton and others, as the widow and heirs of John F. Broughton, against W. H. Broughton, to allot a homestead to the widow, with remainder in the heirs, and to cancel a deed from A. B. Duke and wife to W. H. Broughton. From a decree overruling demurrers to the bill, respondent appeals. The demurrers directed to be set out are as follows: (1) For that said bill is without equity. (2) For that sufficient facts are not averred in said bill to give the same equity. (3) For that the averment in said…
1Opinion of the CourtMcCLELLAN, J.
John F. Broughton died February 10, 1917. There survived him the. widow, Fannie E. Broughton, and the three-adult children, the only heirs at lawi, Alston, Mamie, and §usie Nance Broughton. The widow and his children are the complainants in this bill. An outline of its averments will serve the purposes of the review of the action of the court in overruling the demurrer. For a number of years Broughton and his wife did not live together. At the time of the separation Broughton was seised and possessed of a tract of land in Calhoun county, containing about 160 acres. This land was incumbered…
2Cases cited2 opinions
- Moore v. AltomSupreme Court of Alabama · 1915
- Nolen v. EastSupreme Court of Alabama · 1913
3Cited by2 opinions
- Colburn v. Mid-State Homes, Inc.Supreme Court of Alabama · 1972
- Patten v. SwopeSupreme Court of Alabama · 1920