Johnson v. Kelly
Supreme Court of Alabama
Appeal from the Chancery Court of Elmore. Heard before the Hon. N. S. Graham. This was a bill in equity filed on 28th February, 1881, by W. J. Johnson against Barbara, William and David Kelly for the purpose indicated in the opinion.
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Appeal from the Chancery Court of Elmore. Heard before the Hon. N. S. Graham. This was a bill in equity filed on 28th February, 1881, by W. J. Johnson against Barbara, William and David Kelly for the purpose indicated in the opinion. The cause was submitted on decree pro confesso, on the original and amended bills, and exhibits thereto; and the chancellor caused a decree to be entered dismissing the bill, upon the ground that said court had “no jurisdiction or authority to sell the lands of adults for the purpose prayed for in the bill.” The decree is here assigued as error.
1Opinion of the CourtClopton, J.
The object of the bill is to obtain a decree for the sale of lands to effect partition, on the ground that the same can not be equitably divided. All the defendants are adults, and a decree pro oonfesso on personal service was entered against them. While the jurisdiction of a court of equity to decree a sale of the real estate of infants for partition is settled by the course of decisions in this State, it is equally well settled, that the court is without jurisdiction to decree a sale of the lands of adult tenants for such purpose, without their consent. Delony v. Walker, 9 Por. 497;…
2Cases cited2 opinions
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3Cited by7 opinions
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- Johnson v. HattawaySupreme Court of Alabama · 1908
- Brue v. VaughnSupreme Court of Alabama · 1941
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