Morgan v. Farned
Supreme Court of Alabama
Appeal from the Circuit Court of Franklin. Tried before the Hon. H. C. Speake. This action was brought by Peter S. Morgan and Joseph T. Morgan, against William Famed, to recover the possession of a tract of land containing 160 acres, with damages for its detention; and was commenced on the -21st January, 1887. The plaintiffs claimed the land as the children and heirs at law of Tarleton Morgan, deceased, who died in February, 1868; and they proved on the trial that their said…
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Appeal from the Circuit Court of Franklin. Tried before the Hon. H. C. Speake. This action was brought by Peter S. Morgan and Joseph T. Morgan, against William Famed, to recover the possession of a tract of land containing 160 acres, with damages for its detention; and was commenced on the -21st January, 1887. The plaintiffs claimed the land as the children and heirs at law of Tarleton Morgan, deceased, who died in February, 1868; and they proved on the trial that their said father was seized and possessed of the land at the time of his death. The defendant was in possession of the land,…
1Opinion of the Court
SOMERVILLE, J.-
— 1. The statute provides, where a proceeding is commenced in the Probate Court, either for the partition of property owned by tenants in common, or for the sale of such property for distribution among the same class, that the application must set forth the names of all the persons interested in the property, and their residences, giving a full and accurate description, if it be land, with a statement of the interest of each person in the same, and of the number of shares into which it is to be divided. And these allegations are generally held to be jurisdictional. McCorkle v.…
2Cases cited7 opinions
- Whitlow v. EcholsSupreme Court of Alabama · 1884
- Pollard v. HanrickSupreme Court of Alabama · 1883
- Ballard v. JohnsSupreme Court of Alabama · 1885
- McCorkle v. RheaSupreme Court of Alabama · 1883
- Whitman v. ReeseSupreme Court of Alabama · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McQueen v. TurnerSupreme Court of Alabama · 1890
- Jones v. Woodstock Iron Co.Supreme Court of Alabama · 1891
- Cantelou v. WhitleySupreme Court of Alabama · 1887
- Turner v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Leath v. CobiaSupreme Court of Alabama · 1912
6 more not listed; retrieve them via the Exa API.