Legal Opinion

King v. King

Court of Civil Appeals of Alabama

Decided August 28, 2015No. 2140158PublishedCited by 2 opinions

1Opinion of the Court

DONALDSON, Judge.

William Earl King (“the former husband”) appeals from a judgment of the Cherokee Circuit Court (“the trial court”) awarding an easement to Elizabeth Ann King (“the former wife”). The purpose of the easement is to permit the former wife to access landlocked property she owns. To access her property, however, she must also cross lands that belong to nonparties to the proceedings. Those nonparties are indispensable to obtain the' relief she seeks. “The absence of an indispensable party is a‘ jurisdictional defect that renders the proceeding void.” Allbritton v. Dawkins, 19 So.3d…

2Cases cited12 opinions

  1. JC Jacobs Banking Co. v. CampbellSupreme Court of Alabama · 1981
  2. Trump v. McDonnellSupreme Court of Alabama · 1898
  3. Byrd Companies, Inc. v. SmithSupreme Court of Alabama · 1991
  4. Johnston v. White-SpunnerSupreme Court of Alabama · 1977
  5. Gilbert v. NicholsonSupreme Court of Alabama · 2002

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3Cited by2 opinions

  1. Bradley v. ScottCourt of Civil Appeals of Alabama · 2017
  2. Simmons v. WalkerCourt of Civil Appeals of Alabama · 2015

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