Letcher v. Allen
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Bill by Annie Bettie Allen and others against D. C. Allen and his children, William and Marjory, for partition of land. From a decree overruling demurrers to the bill, the minors appeal by their guardian ad litem, J. T. Letcher.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Bill by Annie Bettie Allen and others against D. C. Allen and his children, William and Marjory, for partition of land. From a decree overruling demurrers to the bill, the minors appeal by their guardian ad litem, J. T. Letcher. The bill is filed by all the heirs at law of Emily A. Allen against D. C. Allen and his children, seeking to elect and to take their undivided interest, to wit, a seven-eighths interest, as a moiety, and to hold it as such, and to create and set apart to D. C. Allen his one fifty-sixth interést in fee…
1Opinion of the CourtAnderson, J.
Under the terms of the will of Mrs. Allen, her son, David C. Allen, took a life estate to an undivided one-eighth interest in the land, with a remainder to his children who should survive him; and a court of equity has jurisdiction to partition the land in kind so as to give the said David C. Allen his part, and in which his children have a remainder, and to fasten their title to it and allot to the others, who have a fee, their seven-eighths interest jointly, if they so elect, and it can be so partitioned equitably. “Two or more tenants in common may unite in a bill against another cotenant,…
2Cases cited9 opinions
- Mead v. . MitchellNew York Court of Appeals · 1858
- Smaw v. YoungSupreme Court of Alabama · 1895
- Donnor v. QuartermasSupreme Court of Alabama · 1890
- McQueen v. TurnerSupreme Court of Alabama · 1890
- Fitts v. CraddockSupreme Court of Alabama · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Ussery v. DarrowSupreme Court of Alabama · 1939
- Duncan v. JohnsonSupreme Court of Alabama · 1976
- Shrout v. SealeSupreme Court of Alabama · 1971
- Buchan v. German American Land Co.Supreme Court of Iowa · 1917
- Wheat v. WheatSupreme Court of Alabama · 1914
15 more not listed; retrieve them via the Exa API.