Winkles v. Powell
Supreme Court of Alabama
Appeal from Marshall Chancery Court. Heard before Hon. W. H. Simpson. Bill for partition by Annie Winkles against James Powell and others. From a decree granting partition and allowing petitioner a one-sixth interest, she appeals. The ejectment suit settled the interest of the parties in the land and became res adjudicaba as to the matter.
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Appeal from Marshall Chancery Court. Heard before Hon. W. H. Simpson. Bill for partition by Annie Winkles against James Powell and others. From a decree granting partition and allowing petitioner a one-sixth interest, she appeals. The ejectment suit settled the interest of the parties in the land and became res adjudicaba as to the matter. The vital question in this cause is, where Avas the homestead of Powell when he executed the deed to a one-half interest in the lands in controversy? Homestead is defined to be the home place — the place of the home. — Lyon v. Harden, 129 Ala. 645; McGuire…
1Opinion of the CourtSomerville, J.
The original bill is for the sale of 80 acres of land for' distribution among the tenants in common, and is filed by complainant against her brothers and sisters, or their representatives in blood. The bill alleges that complainant owns an undivided seven-twelfths interest in the land, and that respondents own the remaining undivided five-twelfths. The respondents filed their answer and cross-bill, denying that complainant owned more than a one-sixth interest in the land, and setting forth the following facts with respect to the title thereof. The land in question was owned by one Lewis R.…
2Cases cited7 opinions
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- Coleman v. StewartSupreme Court of Alabama · 1910
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3Cited by25 opinions
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