Trucks v. Sessions
Supreme Court of Alabama
Appeal from Bibb Chancery Court. Heard before Hon. Ti-iomas H. Smith. Bill by H. B. Sessions and others, against Sarah L. Trucks for the sale of land for partition and division. From a decree overruling demurrers to the bill respondent appeals. The land is described- by government subdivision as being in section 31, township 34, range 11 east, known as the Charley Woods place.
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Appeal from Bibb Chancery Court. Heard before Hon. Ti-iomas H. Smith. Bill by H. B. Sessions and others, against Sarah L. Trucks for the sale of land for partition and division. From a decree overruling demurrers to the bill respondent appeals. The land is described- by government subdivision as being in section 31, township 34, range 11 east, known as the Charley Woods place. The allegation as to the necessity for a sale is contained in the third paragraph of the bill, and is as follows: Said lands cannot be equitably divided or partitioned for the reason that only a small portion of the…
1Opinion of the CourtMcCLELLAN, J.
Bill praying sale of land for division among joint owners. It appears from the bill that H. Y. Sessions, W. M. Sessions, Mary Taylor, Jane Drury, and Sarah L. Trucks each own an undivided one-twelfth interest therein. The minors are among the complainants, and sue by their next friend, H. V. Sessions.
By the act approved August 25, 1909 (Acts Sp. Sess. 1909, p. 124), amendatory of section 5231 of the Code *151of 1907, it is provided that: “The chancery court shall have original jurisdiction to divide or partition, or sell for partition, any property, real or personal, held by joint owners or…
2Cases cited5 opinions
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3Cited by12 opinions
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