Foster v. Ballentine
Supreme Court of Alabama
Appeab from Chancery Court of Madison. Heard before tbe Hon. W. H. Simpson. The bill in this case was filed by the appellants-against the appellees, seeking tbe partition of certain lands specifically described in tbe complaint. Tbe averments in tbe bill and tbe amendment thereof are sufficiently set forth in tbe opinion.
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Appeab from Chancery Court of Madison. Heard before tbe Hon. W. H. Simpson. The bill in this case was filed by the appellants-against the appellees, seeking tbe partition of certain lands specifically described in tbe complaint. Tbe averments in tbe bill and tbe amendment thereof are sufficiently set forth in tbe opinion. To the bill, as-amended, tbe defendants demurred upon the following, grounds: “1. Said bill, as amended, does not state facts showing that tbe complainants are entitled to any interest or estate in tbe lands mentioned in the bill, but state merely tbe opinion or conclusion…
1Opinion of the CourtHaralson, J.
Suit for partition of land in kind between tenants in common.
In an application for partition in the probate court, it is provided in respect to the contents of the application, that it “must set forth the names' of all the persons interested ‘in the property, their residence, if known, whether tliey are over or under twenty-one years ■of age, a full and accurate description of the property sought to be divided or partitioned, the interest of ■each person in the same, and the number of shares into which it is to be divided.”—Code, § 3163. It would seem that a bill in equity for the same…
2Cases cited1 opinion
- Spensley v. Janesville Cotton Manufacturing Co.Wisconsin Supreme Court · 1885
3Cited by5 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Alexander v. LandersSupreme Court of Alabama · 1935
- Hinson v. CookSupreme Court of Alabama · 1941
- Case v. PfaffmanSupreme Court of Alabama · 1950
- Bowden v. TeagueSupreme Court of Alabama · 1957