Legal Opinion
Clark v. Whitfield
Supreme Court of Alabama
Decided April 23, 1925No. 2 Div. 869PublishedCited by 49 opinions
1Opinion of the CourtThomas, J.
The bill as amended is for sale of lands for division among joint owners.
As a general rule, mining property, from its unusual nature, is not susceptible of division by metes and bounds if the veins*, seams, or bodies of ore or coal are averred to be unevenly distributed. For the same reason the values are, more or less, conjectural until proved by sufficiently extended development and tests. And a sale of such lands for division was held necessary and approved in Sheffield, C. & I. Co. v. Ala. F. & I. Co., 185 Ala. 50, 64 So. 67; Trucks v. Sessions, 189 Ala. 149, 66 So. 79; Ezzell v. Wilson,…
2Cases cited87 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Hackett v. CashSupreme Court of Alabama · 1916
- Andrews v. GreySupreme Court of Alabama · 1917
- Dunklin v. WilsonSupreme Court of Alabama · 1879
- Sandlin v. AndersSupreme Court of Alabama · 1923
82 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Fidelity-Phenix Fire Ins. Co. of New York v. MurphySupreme Court of Alabama · 1936
- Ex Parte Flexible Products Co.Supreme Court of Alabama · 2005
- Lott v. ToomeySupreme Court of Alabama · 1985
- Crowson v. CodySupreme Court of Alabama · 1926
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
44 more not listed; retrieve them via the Exa API.