Legal Opinion

Inman v. Prout

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 8 opinions

Appeal from the Chancery Court of Colbert. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 30th June, 1888, by Bettie J. Inman against George Prout, Joshua Prout, John Prout, and Holden W. Prout; and prayed a sale for partition of certain lands, described as lots No. 85 and No. 154, in Tuscumbia, in which complainant claimed an undivided one-fifth interest, as purchaser at execution sale against Patrick Prout, who was a brother of the defendants;…

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Appeal from the Chancery Court of Colbert. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 30th June, 1888, by Bettie J. Inman against George Prout, Joshua Prout, John Prout, and Holden W. Prout; and prayed a sale for partition of certain lands, described as lots No. 85 and No. 154, in Tuscumbia, in which complainant claimed an undivided one-fifth interest, as purchaser at execution sale against Patrick Prout, who was a brother of the defendants; and also a prayed that certain proceedings had in the Probate Court, under which said lots, with two others, were sold…

1Opinion of the CourtOlopton, J.

The bill, filed by appellant, seeks the sale of lands for partition between herself and appellees, as tenants *364in common, and an account of rents and profits. Appellees and Patrick A. Prout originally were joint tenants of the property, having derived it by descent from their deceased father, each owning a one-fifth interest.. On March 21, 1885, complainant recovered a judgment in the Circuit Court against Patrick Prout, upon which a plumes execution was issued, May 4, 1886, and levied on the same day on his undivided interest in the lands, execution having been regularly issued and delivered…

2Cases cited2 opinions

  1. Whitlow v. EcholsSupreme Court of Alabama · 1884
  2. Cantelou v. WhitleySupreme Court of Alabama · 1887

3Cited by8 opinions

  1. Williams v. OvercastSupreme Court of Alabama · 1934
  2. O'Neal v. CooperSupreme Court of Alabama · 1914
  3. Graham v. GrahamSupreme Court of Alabama · 1918
  4. Mylin v. KingSupreme Court of Alabama · 1903
  5. Arnold v. MyliusWest Virginia Supreme Court · 1921

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