Fennell v. Tucker
Supreme Court of Alabama
Appeal from the Probate Court of Limestone. This was an application for a sale of lands for partition or division among tenants in common, under sections 3120-26 of the Revised Code, on the ground that the land could not be equitably divided among them without a sale. The petition was filed by James T. Fennell and Edward Fennell, against William J. Tucker and his wife, Mrs. Margaret E. Tucker, and Sallie Fennell, an infant.
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Appeal from the Probate Court of Limestone. This was an application for a sale of lands for partition or division among tenants in common, under sections 3120-26 of the Revised Code, on the ground that the land could not be equitably divided among them without a sale. The petition was filed by James T. Fennell and Edward Fennell, against William J. Tucker and his wife, Mrs. Margaret E. Tucker, and Sallie Fennell, an infant. The land had belonged to James Tucker, deceased, at the time of his death, and after-wards, by written agreement between his widow, Mrs. Judith Tucker, and his children…
1Opinion of the CourtPeters, C. J.
— The Revised Code of Alabama authorizes the partition, or division, of any property held by joint owners, or tenants in common, upon application by petition in writing to the judge of probate of the proper county. This suit is a proceeding under this statute. The law conferring jurisdiction on the judges of the Probate Court for this purpose is in these words: “Any property, real, personal, or mixed, held by joint owners or tenants in common, may be divided among them, on the application of the persons entitled thereto, or any one of them, in writing, to the judge of probate of the county in…
2Cases cited1 opinion
- Coker v. PittsSupreme Court of Alabama · 1861
3Cited by9 opinions
- Ballard v. JohnsSupreme Court of Alabama · 1885
- Stevens v. StevensSupreme Court of Missouri · 1903
- Whitman v. ReeseSupreme Court of Alabama · 1877
- Mohon v. TatumSupreme Court of Alabama · 1881
- Layton v. CampbellSupreme Court of Alabama · 1908
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