Howell v. Howell
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. I-Iearcl before Hon. A. H. Benners. Bill by Henry Clay Howell against George Howell and others, to sell land for partition, and incidentally to allot dower and homestead, and for an accounting for rents, income and profits. From a decree dismissing the bill complainant appeals.
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Appeal from Jefferson Chancery Court. I-Iearcl before Hon. A. H. Benners. Bill by Henry Clay Howell against George Howell and others, to sell land for partition, and incidentally to allot dower and homestead, and for an accounting for rents, income and profits. From a decree dismissing the bill complainant appeals. The bill filed in Cherokee County was not a proper matter of abatement. — Hall v. Holcomb, 26 Ala. 720. Matters in abatement must be pleaded before the filing of a plea to the merit. — Nabors v. Nabors, 2 Port. 162; Cleveland v. Chandler, 3 Stew. 489. The filing of a demurrer to…
1Opinion of the CourtMayfield, J.
Appellant, as a tenant in common, filed his bill against the respondents, as his cotenants, to sell the lands described in the bill, for division, on the ground that the same could not be equitably divided or apportioned among the joint owners; and, incidentally, to allot dower and homestead rights as to one of the tenants in common, and for an accounting against others for rents, incomes, and profits. The bill is evidently filed under section 5222 et seq. of the Code of 1907. The respondents demurred to the original bill. This demurrer being sustained, complainant thereafter twice amended…
2Cases cited4 opinions
- Watson v. Jones Bros.Supreme Court of Alabama · 1898
- Tatum v. TatumSupreme Court of Alabama · 1895
- Ferris v. HoglanSupreme Court of Alabama · 1898
- Esslinger v. HerringSupreme Court of Alabama · 1905
3Cited by18 opinions
- Kaplan v. ColemanSupreme Court of Alabama · 1912
- Ex Parte AdamsSupreme Court of Alabama · 1927
- Shields v. StateCourt of Criminal Appeals of Alabama · 1974
- City Garage & Sales Co. v. BallengerSupreme Court of Alabama · 1926
- Interstate Chemical Corp. v. Home Guano Co.Supreme Court of Alabama · 1917
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