Upshaw v. Upshaw
Supreme Court of Alabama
Appeal from Coosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Eliza S. Upshaw and others against John T. UpshaAv and others for partition of land. Decree for complainant and respondents appeal.
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Appeal from Coosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Eliza S. Upshaw and others against John T. UpshaAv and others for partition of land. Decree for complainant and respondents appeal. Bill for partition Aras properly filed. — Callahan v. Nelson, 128 Ala. 671. Courts of equity have concurrent jurisdiction with probate courts in the assignment of dower. — Brooks v. Wood, JO Ala. 538; Hause v. Hause, 57 Ala. 253. The probate court has no jurisdiction to assign doAver where the husband is only a tenant in common of the land. — 3 Mayf. Dig. 98.
1Opinion of the Court
de GRAFFENRIED, J.
This bill Asms filed by Mattie Nelson and Blanche Perry as two of the heirs, and by Eliza F. Upshaw as the avícIoav, of John R. Upshaw, deceased, against Queenie UpshaAv, the widoAv of A. W. UpshaAv, Lillian Halbrook, Kate Hendricks, Carrie Bradley, and Lynn Upslunv, the children and heirs of A. W. Upshaw, deceased, the said A. W. Upshaw, at *206the time of his death, being the third, and only other, heir of said John R. Upshaw. The bill seeks a sale of the land described in the bill of complaint for the purposes of distribution among its joint owners and other appropriate…
2Cases cited5 opinions
- Reeves v. BrooksSupreme Court of Alabama · 1885
- Chaney's Heirs v. Chaney's Adm'rSupreme Court of Alabama · 1861
- Williamson v. MasonSupreme Court of Alabama · 1853
- Bettis v. McNiderSupreme Court of Alabama · 1902
- McLeod v. McLeodSupreme Court of Alabama · 1910
3Cited by17 opinions
- American Equitable Assur. Co. v. Powderly Coal & Lumber Co.Supreme Court of Alabama · 1932
- O'Neal v. CooperSupreme Court of Alabama · 1914
- Hale v. CoxSupreme Court of Alabama · 1941
- Hall V, HallSupreme Court of Alabama · 1948
- Hollis v. WatkinsSupreme Court of Alabama · 1914
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