Colbey-Hinkley Co. v. Jordan
Supreme Court of Alabama
Appeal from Marshall Prohate Court. Heard before Hon. J. H. Carter. This was a petition addressed to the judge of probate by the Colbey Hinlcley CO'., seeking partition of a lot of logs alleged to belong equally to the corporation and . one Jordan.
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Appeal from Marshall Prohate Court. Heard before Hon. J. H. Carter. This was a petition addressed to the judge of probate by the Colbey Hinlcley CO'., seeking partition of a lot of logs alleged to belong equally to the corporation and . one Jordan. It is averred in said petition that the logs consist of numerous and divers sizes and conditions amoun cing to about one-hundred thousand feet of timber, and that on account of the numerous and varying sizes of the logs, they cannot be equitably divided. Upon the trial, the court denied the relief sought and dismissed the petition. Under the facts…
1Opinion of the CourtTyson, J.
The petition in this case was exhibited in the probate court for the purpose of having divided *636between the petitioner and the respondent certain logs owned by them in equal shares as tenants in common. The jurisdiction of the court to divide personal property is just as effectual, when properly invoked, as it is to partition real estate. — Section 3161, Code 1896.
There seems to be no dispute between the parties as to their respective interest or share in the logs sought to be divided. The point of difference between them seems to be as to certain terms of the contract with respect to the size…
2Cases cited2 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Riddle v. BrownSupreme Court of Alabama · 1852
3Cited by8 opinions
- Davis v. Miller-Brent Lumber Co.Supreme Court of Alabama · 1907
- Miller v. SmithSupreme Court of Alabama · 1919
- Hollis v. BenderAlabama Court of Appeals · 1948
- Leo v. Powell (In Re Powell)United States Bankruptcy Court, N.D. Alabama · 2005
- Pierce Development Co. v. MartinSupreme Court of Alabama · 1928
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