McQueen v. Turner
Supreme Court of Alabama
Appeal from Chancery Court of Butter. Heard before the Hon. John A. Foster. The original bill in this case was filed on the 25th January, 1888, by Mrs. E. C. Turner (a married woman), Carrie Smith, and Jolm Smith, against their sister, Mrs. Ella McQueen, and her husband, Thomas McQueen; and sought the sale of a tract of land for partition, on the ground that it could not be equitably divided without a sale.
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Appeal from Chancery Court of Butter. Heard before the Hon. John A. Foster. The original bill in this case was filed on the 25th January, 1888, by Mrs. E. C. Turner (a married woman), Carrie Smith, and Jolm Smith, against their sister, Mrs. Ella McQueen, and her husband, Thomas McQueen; and sought the sale of a tract of land for partition, on the ground that it could not be equitably divided without a sale. The bill alleged that the land belonged to Andy Smith at the time of his death in 1864 ; that the complainants and their said sister, Mrs. McQueen, “are all the children and heirs of the…
1Opinion of the CourtClopton, J.
The appeal is taken from the decree overruling demunersto the bill as last amended, by which appellees seek to have the laud therein described sold for partition. No assignment of error going to the interlocutory decree of October 31,18S9, can be considered, the time having expired within which an appeal could be taken therefrom, and no final decree having been rendered. There being several causes of demurrer assigned, we shall, for convenience and brevity, consider in tins connection such as are cognate.
The first, second, and fifth grounds are, that the bill fails to allege that complainants…
2Cases cited8 opinions
- Gayle v. JohnstonSupreme Court of Alabama · 1885
- Wilkinson v. StuartSupreme Court of Alabama · 1883
- McMath v. DeBardelabenSupreme Court of Alabama · 1883
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- Shaw v. BeersIndiana Supreme Court · 1882
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