Shannon v. Ogletree
Supreme Court of Alabama
Appeal from Circuit Court, Bibb County; B. M. Miller, Judge. Bill by H. C. Ogletree, for himself and as next friend of William T. Ogletree and others, against Pat Shannon, for the sale of land for division. From a decree overruling demurrers to ¿the bill, respondent appeals. The original bill was filed by H. C. Ogle-tree, for himself and also as next friend for four minor children of himself and deceased wife.
Read the full summary
Appeal from Circuit Court, Bibb County; B. M. Miller, Judge. Bill by H. C. Ogletree, for himself and as next friend of William T. Ogletree and others, against Pat Shannon, for the sale of land for division. From a decree overruling demurrers to ¿the bill, respondent appeals. The original bill was filed by H. C. Ogle-tree, for himself and also as next friend for four minor children of himself and deceased wife. It showed that said Ogletree owned a life interest in an undivided half interest in certain real estate, and that the minors owned the reversion thereof, and that respondent Shannon,…
1Opinion of the CourtSomerville, J.
[1,2] The améndments to the substance of the bill of complaint were made by additions to certain paragraphs of the bill, and not by adding distinct new paragraphs. In such a ease the original footnote requiring respondent to answer those paragraphs is obviously sufficient, and a new footnote will not be required. The statement in open court by H. C. Ogle-tree, then no longer a party to the bill, declaring his release of his interest to his children, cannot be regarded as an amendment to "the bill, and will be disregarded.
[3, 4] It has been settled in this state that a sale for distribution…
2Cases cited5 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- McQueen v. TurnerSupreme Court of Alabama · 1890
- Fitts v. CraddockSupreme Court of Alabama · 1906
- Blakeslee v. Mobile Life InsuranceSupreme Court of Alabama · 1876
- Vary v. SmithSupreme Court of Alabama · 1909
3Cited by3 opinions
- Comer v. LimbaughSupreme Court of Alabama · 1952
- Street v. WattsSupreme Court of Alabama · 1919
- State v. Mobile O. R. Co.Supreme Court of Alabama · 1918