Larkin v. Haralson
Supreme Court of Alabama
Appeal from Sumter Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Hugh A. Haralson, filed originally against M. C. Foscue and others, for the sale of land for division. Decree for complainant, and respondents appeal. The bill is filed on the theory that Haralson and Shepherd and Mrs. Foscue were joint owners of a certain 80 of land, deriving their title by heritage through Mrs. Irene Larkin.
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Appeal from Sumter Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Hugh A. Haralson, filed originally against M. C. Foscue and others, for the sale of land for division. Decree for complainant, and respondents appeal. The bill is filed on the theory that Haralson and Shepherd and Mrs. Foscue were joint owners of a certain 80 of land, deriving their title by heritage through Mrs. Irene Larkin. The title was derived in the following manner: W. R. Larkin, Mrs. Foscue, and Betty Haralson were the sole heirs of Mrs. Allen Larkin; that W. R. Larkin had sold his interest in the property…
1Opinion of the CourtAnderson, J.
This appeal is taken by W. R. Larkin alone, who did not interpose any demurrer to the bill of complaint in the lower court, and he cannot, therefore, assign nor insist upon error, in the overruling of a demurrer interposed by his corespondent, who is not complaining of the said ruling.—Schiff & Sons v. Andress, 40 South. 824.
We are of opinion that the 80 acres in question belonged to the heirs of Mrs. Larkin, instead of to this appellant alone, and that the chancery court properly held that the appellee ivas entitled to an undivided one-third interest in same. This being true, he met the…
2Cases cited2 opinions
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