Fowler v. Fowler
Supreme Court of Alabama
Appeal from Circuit Court, Marshall County; W. W. Harralson, Judge. Bill by John A. Fowler against Bingham Fowler and others for the sale of land for division. Decreé fox- respondents, and complainant appeals. The original bill was filed by appellant against appellees for the sale of 40 acres of and for division among the parties as tenants in common.
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Appeal from Circuit Court, Marshall County; W. W. Harralson, Judge. Bill by John A. Fowler against Bingham Fowler and others for the sale of land for division. Decreé fox- respondents, and complainant appeals. The original bill was filed by appellant against appellees for the sale of 40 acres of and for division among the parties as tenants in common. The complainant alleged his interest as being an undivided y2 interest in the land by right of purchase and of an undivided V22 interest by inheritance from Martha Fowler, his mother. The respondent answered the bill admitting that the parties…
1Opinion of the CourtGardner, J.
In the original bill it was averred that complainant owixed by purchase a one-half undivided interest in the 40 acres here sought to be sold for division, and the cross-bill sought to have the title thus acquired declared as held in trust for the respondents; the effect of the decree of the court below being to award this relief. This is the only qxxestion here presented for consideration.
Wc will briefly state the conclusions which we have x’eached from a study of the evidence, without entering into a discussion thereof. The father of complainant, with his family, at the time of his death in…
2Cases cited8 opinions
- Lehman v. LewisSupreme Court of Alabama · 1878
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Haney v. LeggSupreme Court of Alabama · 1900
- Gayle v. PenningtonSupreme Court of Alabama · 1914
- Brackin v. NewmanSupreme Court of Alabama · 1898
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3Cited by14 opinions
- Heflin v. HeflinSupreme Court of Alabama · 1922
- Miles v. MilesSupreme Court of Alabama · 1924
- McKinstry v. ThomasSupreme Court of Alabama · 1953
- Darden v. MeadowsSupreme Court of Alabama · 1953
- J. A. Owens & Co. v. BlanksSupreme Court of Alabama · 1932
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