Hamby v. Hamby
Supreme Court of Alabama
Bill for Partition or Division- Appeal from Pickens Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Prank Hamby and others against Mary Ham-by and others, for partition of land, or a sale for a division thereof. Prom a decree holding a plea sufficient, complainants appeal. — The court erred in holding the plea sufficient.
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Bill for Partition or Division- Appeal from Pickens Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Prank Hamby and others against Mary Ham-by and others, for partition of land, or a sale for a division thereof. Prom a decree holding a plea sufficient, complainants appeal. — The court erred in holding the plea sufficient. The chancery court had assumed jurisdiction, and it could not be taken away by proceedings in any other court. — Glenni v. Billingslea, 64 Ala. 345; Tygh v. Dolin, 95 Ala. 269; Baker v. Mitchell, 109 Ala. 490; Bragg v. Beers, 71 Ala. 151; Ex parte Lunsford, 117…
1Opinion of the CourtSayre, J.
— This is a bill for the partition of lands —200 acres — with a prayer in the alternative for a sale *173for division in the event a partition cannot be had, and was filed November 21, 1907. The land had been owned and occupied by A. PI Hamby, now deceased, and the parties are his heirs at law and his widow, the last named being made a party defendant to the bill, with the allegation that the interests of both complainants and defendant are subject to her right of dower. The bill has nothing to say in respect to the possession of the lands subsequent to the death of Hamby, nor anything in respect…
2Cases cited3 opinions
- Tygh v. DolanSupreme Court of Alabama · 1891
- Baker v. MitchellSupreme Court of Alabama · 1895
- Callahan v. NelsonSupreme Court of Alabama · 1900
3Cited by15 opinions
- Moore v. PriceSupreme Court of Florida · 1929
- Hopkins v. CrewsSupreme Court of Alabama · 1929
- Aniton v. RobinsonSupreme Court of Alabama · 1961
- Ex Parte Tennessee Valley BankSupreme Court of Alabama · 1936
- Jordan v. JordanSupreme Court of Alabama · 1949
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