Guilford v. Madden
Supreme Court of Alabama
A%eal from Probate Court of Henry. Tried before Hon. J. B. Appling. This was a petition by the appellant for tbe sale of certain lands, mentioned therein, which the petition alleges are owned by the appellant and appellee as joint owners or tenants in common, each owning an undivided half interest therein, on the ground that “ a fair, beneficial, and equitable division or partition of said lands,” between appellants and appellee, “ can not be made without a sale thereof.”
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A%eal from Probate Court of Henry. Tried before Hon. J. B. Appling. This was a petition by the appellant for tbe sale of certain lands, mentioned therein, which the petition alleges are owned by the appellant and appellee as joint owners or tenants in common, each owning an undivided half interest therein, on the ground that “ a fair, beneficial, and equitable division or partition of said lands,” between appellants and appellee, “ can not be made without a sale thereof.” The appellee denied that the petitioner was the legal owner of the interest claimed ; and that the petitioner had ever…
1Opinion of the CourtB. F. Saffold, J.
The appellant applied to the probate court to sell for division a tract of land of which, as alleged, he and the appellee were joint owners or tenants in common. The appellee denied the petitioner’s ownership and possession generally. On the hearing, the applicant offered in evidence to prove his title a mortgage from Michael Madden, the husband of the contestant, of an undivided half of the land to J. W. Harper, a deed from Mary P. Harper, as executrix of J. W. Harper, to Henry A Young, reciting a sale to Young under the mortgage, and' a conveyance from Young to the petitioner. This evidence…
2Cases cited1 opinion
- Wray's Adm'rs v. FurnissSupreme Court of Alabama · 1855
3Cited by4 opinions
- Ballard v. JohnsSupreme Court of Alabama · 1885
- Whitman v. ReeseSupreme Court of Alabama · 1877
- Layton v. CampbellSupreme Court of Alabama · 1908
- Johnson v. GartmanSupreme Court of Alabama · 1911