Legal Opinion

Higginbottom v. Short

Mississippi Supreme Court

Decided October 15, 1852PublishedCited by 6 opinions

On appeal from the circuit court of Tishamingo county; lion. Hugh R. Miller, judge. The only facts in this case are simply whether one joint co-tenant can file a bill or petition against the other co-tenant, to compel a division of the property jointly held by them.

1Opinion of the CourtJustice Fisher

■ The defendant in error filed his bill on the chancery side of the circuit court of Tishamingo county against the plhintiff in error, praying the court to decree a sale of a quarter section of land, upon which is situated a mill, in said county, held as tenants in common by the parties, on the ground that the mill constituting the main value of the premises, an equal partition cannot be made ; and also praying for an account to be taken of the profits of the mill for a certain number of years.

The court below decreed according to the prayer of the bill. From which decree a writ of error has…

2Cited by6 opinions

  1. Hall v. WoodMississippi Supreme Court · 1983
  2. Wilson v. BogleTennessee Supreme Court · 1895
  3. Bevins v. GeorgeCourt of Appeals of Tennessee · 1952
  4. Summers v. CongerCourt of Appeals of Tennessee · 1957
  5. Updike v. AdamsSupreme Court of Rhode Island · 1901

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