Legal Opinion

Mylin v. King

Supreme Court of Alabama

Decided November 15, 1903PublishedCited by 16 opinions

Aui’bal from tlie Chancery Court of Talladega. Heard before the Hon. Richard R Kelly. The hill in this case was filed by the appellee, Sarah R. King, against the appellants, Amos II. Mylin and George A. Hill. The purpose of the bill and the facts of the case are sufficiently stated in the opinion. The appeal is prosecuted from a decree granting the relief prayed for and ordering a sale of the common property for division.

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Aui’bal from tlie Chancery Court of Talladega. Heard before the Hon. Richard R Kelly. The hill in this case was filed by the appellee, Sarah R. King, against the appellants, Amos II. Mylin and George A. Hill. The purpose of the bill and the facts of the case are sufficiently stated in the opinion. The appeal is prosecuted from a decree granting the relief prayed for and ordering a sale of the common property for division. Under the facts set forth, the hearing of this cause should have been stayed and the same consolidated with the case of Hill and Mylin against Sarah It. King. — Ex parte…

1Opinion of the CourtHaralson, J.

Complainant, Sarah. R. King, filed her bill averring tlie tenancy in common with Amos II. Mylin and George A. Hill, of the premises described in the bill, each being the owner of an undivided third interest therein; that the land could not be fairly and equitably divided in kind between the joint owners, and that a sale thereof was necessary in order to effect its division. By an amendement of the bill, the facts relied on to show that the land was incapable of partition in kind, and, therefore, a sale was necessary for that purpose, are clearly and fully stated.

The original bill set out the…

2Cases cited7 opinions

  1. Stein v. McGrathSupreme Court of Alabama · 1900
  2. Donnor v. QuartermasSupreme Court of Alabama · 1890
  3. Gore v. DickinsonSupreme Court of Alabama · 1893
  4. Tyson v. Decatur Land Co.Supreme Court of Alabama · 1898
  5. Berry v. WebbSupreme Court of Alabama · 1884

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Moore v. WilliamsonSupreme Court of Alabama · 1925
  2. Wood v. BarnettSupreme Court of Alabama · 1922
  3. Wellden v. WittSupreme Court of Alabama · 1905
  4. Williamson Investment Co. v. WilliamsonWashington Supreme Court · 1917
  5. Little v. ReddittSupreme Court of Alabama · 1956

11 more not listed; retrieve them via the Exa API.

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