Summers v. Summers
Supreme Court of Alabama
Appeal from Lee Law and Equity Court. Heard before Hon. Lum Duke. Bill by Joseph B. Summers and others against Geo. W. Summers and others, for partition of land among tenants in common. From a decree sustaining demurrers to the bill, complainants appeal.
1Opinion of the CourtMayfield, J.
This suit is primarily for partition of lands among tenants in common. Whether or not the bill shows the parties to be tenants in common depends upon the validity, or rather the invalidity, of the will of the mother of the parties, in the particular that it attempts to dispose of the remainder in the lands after the termination of a life estate devised to one Thomas Summers, who is alleged to be dead, and the life estate therefore terminated.
It is contended by the complainants, appellants here, that the .attempt to dispose of the remainder fails, because of the failure of the will, or of the…
2Cases cited6 opinions
- Dennis v. HolsappleIndiana Supreme Court · 1897
- Edwards v. BibbSupreme Court of Alabama · 1869
- Webber v. JonesSupreme Judicial Court of Maine · 1900
- Chappell v. Missionary Society of Churches of ChristIndiana Court of Appeals · 1892
- Richardson v. WillisMassachusetts Supreme Judicial Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Achelis v. MusgroveSupreme Court of Alabama · 1924
- Wiley v. MurphreeSupreme Court of Alabama · 1933
- Stewart v. MorrisSupreme Court of Alabama · 1918
- Bosserman v. BurtonSupreme Court of Virginia · 1923