Legal Opinion

Smith v. Smith

Supreme Court of Alabama

Decided May 24, 1917No. 8 Div. 883Published

Appeal from Circuit Court, Limestone County; James G. Rankin, Special Judge. Suit by Frank L. Smith against Jim Smith. Decree dismissing the petition, and complainant appeals.

1Dissent 1

Statement of Facts.

2Dissent · MayfieldMayfield, J.

Appellant filed his bill in the chancery court of Limestone county to obtain a partition of lands between tenants in common, or a sale for distribution, and incidentally, to have a certain deed conveying a part of the land declared fraudulent,. and canceled. He failed in toto in his suit and his bill was dismissed, and a decree was rendered against him for the costs and fees incurred. An execution was issued on this decree, and levied upon lands of the defendant. He thereafter filed a claim of exemptions in the probate office of Limestone county, thereby claiming the land…

3Cases cited13 opinions

  1. Dunlap v. ClementsSupreme Court of Alabama · 1851
  2. Lockhart v. McElroySupreme Court of Alabama · 1843
  3. Mervine v. ParkerSupreme Court of Alabama · 1850
  4. Branch Bank at Mobile v. ColemanSupreme Court of Alabama · 1852
  5. Thompson v. LassiterSupreme Court of Alabama · 1888

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