Lockard v. Lockard
Supreme Court of Alabama
Error to fhe Chancery Court of Sumter. Tried before the Hon. A.. Crenshaw.. The bill in this case wad filed by the plaintiff hgainst the defendant in error, and was dismissed by the chancellor, at the hearing, for want of equity.
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Error to fhe Chancery Court of Sumter. Tried before the Hon. A.. Crenshaw.. The bill in this case wad filed by the plaintiff hgainst the defendant in error, and was dismissed by the chancellor, at the hearing, for want of equity. The facts appear fully in the opinion of the court. 1. The objection to the bill is in the nature of a demurrer to thq jurisdiction of the court, of which the complainant should have had previous notice; but none was given until the objection was made in argument. Daniel’s Ch. PI. & P. 607, 939, 1789, 1790, 1795. — 1st. The rule in Chancery, (Clay’s Digest, 616)…
1Opinion of the CourtChilton, J.
This bill was filed by one tenant in common against liis co-tenant to have an account of the rent of a tract of land owned by the parties, and cultivated in the year 1842, by the defendant alone;.
The bill charges that the parties own the land as tenants in common, and that the defendant refused to consent to, a division, but excluded the complainant from a participation of the rents. That in the early part of 1842,' the parties having agreed upon the manner for dividing said tract,, the complainant called on the defendant to consummate the division, but he refused, and the said defendant…
2Cases cited3 opinions
- Andrews v. McCoySupreme Court of Alabama · 1846
- Freeman v. McBroomSupreme Court of Alabama · 1847
- Crawford v. Childress' ExecutorsSupreme Court of Alabama · 1840
3Cited by9 opinions
- Evans v. EnglishSupreme Court of Alabama · 1878
- Tate v. EvansSupreme Court of Alabama · 1875
- Tubb v. FortSupreme Court of Alabama · 1877
- Randolph v. BradfordSupreme Court of Alabama · 1920
- Hines v. SeibelsSupreme Court of Alabama · 1920
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