Ohmer v. Boyer
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed on the 28th June, 1888, by Mrs. Maggie Boyer, claiming as sole heir at law of Joseph Bihler, deceased, against Johannes Ohmer and others,devisees under the will of Mrs. Theresa Bihler, deceased, who was the wife and widow of said Joseph Bihler; and sought to remove the administration and settlement of Mrs. Bihler’s estate into the Chancery Court, and…
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Appeal from the City Court of Montgomery, in equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed on the 28th June, 1888, by Mrs. Maggie Boyer, claiming as sole heir at law of Joseph Bihler, deceased, against Johannes Ohmer and others,devisees under the will of Mrs. Theresa Bihler, deceased, who was the wife and widow of said Joseph Bihler; and sought to remove the administration and settlement of Mrs. Bihler’s estate into the Chancery Court, and to have certain real estate in Montgomery sold under the decree of the court, for the purpose of equitable division, or…
1Opinion of the CourtSomeryille, J.
The bill was filed by the appellee, claiming an undivided half interest in the lands in controversy, as a tenant in common with the defendants, who are *277alleged to own the other undivided half interest, in three shares of one sixth each. The complainant claims title as the niece and, sole heir of Joseph Bihler, deceased, the original owner, who died in February, 1876. The defendants claim title through Theresa Bihler, the wife of Joseph Bihler, and as devisees under her last will, they being her brother and two sisters.
The title of Mrs. Bihler was derived from her husband, under a deed of…
2Cases cited12 opinions
- Cole v. . MalcolmNew York Court of Appeals · 1876
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Lovelace v. WebbSupreme Court of Alabama · 1878
- Averill v. . TaylorNew York Court of Appeals · 1853
- Doe ex dem. Gosson v. LaddSupreme Court of Alabama · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Charmley v. CharmleyWisconsin Supreme Court · 1905
- The Industrial Development Board of the Town of Section, Alabama v. Fuqua Industries, Inc., the Industrial Development Board of the City of Fort Payne, Alabama v. Fuqua Industries, Inc.Court of Appeals for the Fifth Circuit · 1975
- New England Mortgage Security Co. v. FrySupreme Court of Alabama · 1904
- Jones v. MatkinSupreme Court of Alabama · 1897
- Alabama National Bank v. Mary Lee Coal & Railway Co.Supreme Court of Alabama · 1895
23 more not listed; retrieve them via the Exa API.