Clark v. Smith
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Carlton G. Smith and others, against Julia P. Clark and others, filed in the chancery court of Jefferson county, for the partition or division of land lying wholly within Bibb county. Prom a decree overruling demurrers to the bill, respondents appeal.
1Opinion of the CourtMcCLELLAN, J.
This is a bill whereby a sale for -division, or, failing that, partition, of land among joint owners or tenants in common, is sought. It appears from the averments of the bill that the entire lands lie In Bibb county, Ala.; whereas, this bill was filed in the -chancery court of Jefferson county, Ala.
Jurisdiction in such cases is determined by the location with respect to county of the lands sought to- be sold for division or to be partitioned.—Code, §§ 5203, 5222, and section 5231, as amended by the act of 1909 (Acts Sp. Sess. 1909, p. 124).— Trucks v. Sessions, 189 Ala. 149, 66 South. 79. If…
2Cases cited3 opinions
- Ashurst v. GibsonSupreme Court of Alabama · 1877
- Trucks v. SessionsSupreme Court of Alabama · 1914
- Reeres & Co. v. BrownSupreme Court of Alabama · 1893
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