Legal Opinion

Berry Lumber Co. v. Garner

Supreme Court of Alabama

Decided November 15, 1904PublishedCited by 2 opinions

Appeal from tlie Chancery Court of Coffee. Heard before the Hon. W. L. Parks. The appeal in this case is prosecuted from a decree granting the relief prayed by the complainants in a bill filed for the purpose of having lands sold, and the proceeds divided between the complainants and respondent, who were tenants in common of said lands. The facts of the case are sufficiently stated in the opinion. Cited.

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Appeal from tlie Chancery Court of Coffee. Heard before the Hon. W. L. Parks. The appeal in this case is prosecuted from a decree granting the relief prayed by the complainants in a bill filed for the purpose of having lands sold, and the proceeds divided between the complainants and respondent, who were tenants in common of said lands. The facts of the case are sufficiently stated in the opinion. Cited. Code 1896, § 3181; Mitcjliell v. Mitchell, 101 Ala. 183; Keoton v. Terry, 93 Ala. 84; McEvoy v. Leonard, 89 Ala. 457.

1Opinion of the Court

McCLELLAN, O. J.

This bill is filed by Minnie Garner and others against the Berry Lumber Company. It avers that complainants and respondents are tenants in common in certain lands, and sets forth the interest of each party. It is further averred that the respondent is in possession of the land and has been for some years, and this is admitted by the answer. And the further averment is made that said “lands cannot’ be equitably divided among the tenants in common aforesaid without a sale thereof.” The prayer is for a sale of the land, and for a division of the proceeds among the tenants; and…

2Cases cited3 opinions

  1. Grady v. RobinsonSupreme Court of Alabama · 1856
  2. Moog v. BarrowSupreme Court of Alabama · 1893
  3. Smilie v. Siler's Adm'rSupreme Court of Alabama · 1859

3Cited by2 opinions

  1. Foley v. BrockSupreme Court of Alabama · 1911
  2. Hammock v. Wright & ShawAlabama Court of Appeals · 1919

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