Harrell v. Mason
Supreme Court of Alabama
Appeal from Washington Chancery Court. Heard before Hon. Thomas H. Smith. Bill by C. Eugene Harrell against Quibus Mason and others for partition. From a decree for defendants on demurrer to the complaint, complainant appeals.
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Appeal from Washington Chancery Court. Heard before Hon. Thomas H. Smith. Bill by C. Eugene Harrell against Quibus Mason and others for partition. From a decree for defendants on demurrer to the complaint, complainant appeals. The facts made by the bill are that complainant is the owner of a certain timber interest on an undivided one-third of the land therein described, setting forth a description of the land, together with the interest of each of the respondents and complainant in the land. It it further alleged that one Spear has a judgment against Jeff Mason, which is recorded, and that…
1Opinion of the CourtAnderson, J.
Article 1 of chapter 121 of the Code of 1907 provides for partition and sale of. property, real and personal, held by joint owners or tenants in common, and gives the probate and chancery courts jurisdiction to effectuate same. Section 5221 provides, hoivever, that the remedy therein given is not exclusive, and does not prevent a resort to any lawful method of obtaining partition of lands.
The complainant is the owner of an undivided one-third interest in all the timber on the land, with the limitation of seven years given him, within which to *285remove same, and under the previous decisions of…
2Cases cited7 opinions
- C. W. Zimmerman Mnfg. Co. v. DaffinSupreme Court of Alabama · 1906
- Heflin v. BinghamSupreme Court of Alabama · 1876
- Mee v. BenedictMichigan Supreme Court · 1893
- Rothschild v. Bay City Lumber Co.Supreme Court of Alabama · 1903
- Benedict v. TorrentMichigan Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Shepard v. Mount Vernon Lumber Co.Supreme Court of Alabama · 1915
- Mt. Vernon Lumber Co. v. ShepardSupreme Court of Alabama · 1913
- Henry v. WhiteSupreme Court of Alabama · 1932
- Baltimore Gas & Electric Co. v. BowersCourt of Appeals of Maryland · 1989
- Frank v. JohnsonSupreme Court of Alabama · 1954
5 more not listed; retrieve them via the Exa API.