Deloney v. Walker
Supreme Court of Alabama
Error' to Limestone Circuit court, exercising chancery jurisdiction.- Bill for partition, tried before Lane, X The decree below ordered a sale and division, and the' error here assigned was, that the bill was not dismissed.-
1Opinion of the Court
ORMOND, X — This
was a bill filed in chancery,- for a partition of lands.
The principal question to be determined in this case* is whether, where a person dies without children, or brothers or sisters, or the descendants of such, or father or mother, his lands shall descend to his paternal and maternal uncles and aunts equally, — or whether it shall descend in the line of the blood of the first purchaser, who, it is alleged in the answer, was the father of the deceased.
As the answer contains a demurrer to the bill, it is *498necessary first to determine, whether equity has jurisdiction. The…
2Cases cited1 opinion
- Straughan v. WrightCourt of Appeals of Virginia · 1826
3Cited by18 opinions
- Sandlin v. AndersSupreme Court of Alabama · 1923
- Horton v. SledgeSupreme Court of Alabama · 1856
- Kelly v. DeeganSupreme Court of Alabama · 1895
- Shepard v. Mount Vernon Lumber Co.Supreme Court of Alabama · 1915
- Wilkinson v. StuartSupreme Court of Alabama · 1883
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