Smith v. Hill
Supreme Court of Alabama
Appeal from Talladega City Court. Heard before Hon. G-. K. Miller. Bill by George A. Hill against Marcus L. Smith and others. Prom a decree granting the relief prayed, and denying relief on cross-bill, respondents appeal.
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Appeal from Talladega City Court. Heard before Hon. G-. K. Miller. Bill by George A. Hill against Marcus L. Smith and others. Prom a decree granting the relief prayed, and denying relief on cross-bill, respondents appeal. The original bill was filed by George A. Hill against M. L. Smith and others, seeking partition of 598 acres of land by sale, alleging that he owned seven-twelfths, that Marcus L. Smith owned a life estate in the remainder, and that, subject to such life estate, the other nine respondents each owned an undivided one-ninth interest in the remainder, subject to being…
1Opinion of the CourtAnderson, J.
Partition in kind is matter of right; that it will be difficult, or that injury may result, is no defense to an act of partition.—Gore v. Dickinson, 98 Ala. 363, 11 South. 743, 39 Am. St. Rep. 67; Cates v. Johnson, 109 Ala. 126, 19 South. 416. In order, however, for the chancery court to sell land for division among joint owners, it must be averred and proven that it cannot be equitably divided.—Berry v. Tenn. Co., 134 Ala. 618, 33 South. 8; McMath v. De Bardelaben, 75 Ala. 68. It is also the purpose and intent of the law that a partition should be final and not partial, and the land should…
2Cases cited7 opinions
- Donnor v. QuartermasSupreme Court of Alabama · 1890
- McMath v. DeBardelabenSupreme Court of Alabama · 1883
- Daigre v. Julius Levin & Co.Supreme Court of Louisiana · 1895
- Gore v. DickinsonSupreme Court of Alabama · 1893
- Berry v. Tennessee & Coosa RailroadSupreme Court of Alabama · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Betts v. WardSupreme Court of Alabama · 1916
- Martin v. JonesSupreme Court of Alabama · 1958
- Hall V, HallSupreme Court of Alabama · 1948
- Letcher v. AllenSupreme Court of Alabama · 1913
- Fendley v. LambertSupreme Court of Alabama · 1970
4 more not listed; retrieve them via the Exa API.