Hines v. Trantham
Supreme Court of Alabama
Appeal from the Circuit Court of Pickens. Tried before the Hon. B. W. Huntington. This action was brought by the appellants, in December, 1851, to recover the possession of a certain tract of land in the county of Pickens, as well as damages by way of rent for its detention ; and the only plea was, not guilty.
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Appeal from the Circuit Court of Pickens. Tried before the Hon. B. W. Huntington. This action was brought by the appellants, in December, 1851, to recover the possession of a certain tract of land in the county of Pickens, as well as damages by way of rent for its detention ; and the only plea was, not guilty. On the trial, as the bill of exceptions shows, the plaintiffs proved, that George M. Trantham, died in possession of the premises sued for ; that Mrs. Hines, one of the plaintiffs, was one of his children and heirs-at-law, and that Mrs. Julia Crimm, the wife of Warren W. Crimm, was…
1Opinion of the CourtRice, J.
Tenants in common of land may maintain separate actions of trespass to try titles, for their interests. Craig v. Taylor, 6 B. Monroe, 451 ; Baker v. The Heirs of Chastang, 18 Ala. R. 417 ; Childers v. Tankersley, 28 ib. 781; Adams on Ejectment, 211.
Upon the facts shown in the bill of exceptions, Mrs. Hines was one of the heirs of her father, and also one of the heirs of her sister, Mrs. Crimm. In 1845, Mrs. Crimm died, without issue, and her husband died before this suit was commenced. Conceding, then, that the proceedings of the Orphans’ Court óf Pickens county, and of the commissioners…
2Cases cited1 opinion
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