Cantelou v. Whitley
Supreme Court of Alabama
Appeal from tbe City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by R. C. Cantelou, against I). C. Whitley, to recover an undivided one-fourth interest in several small lots in Birmingham, with damages for the detention thereof; and was commenced on the 1st November, 1887. The plaintiff was one of the four children of Mrs. Josie R. Cantelou, who died, intestate, on the 9th September, 1881, and to whom the lots belonged at the time of her…
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Appeal from tbe City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by R. C. Cantelou, against I). C. Whitley, to recover an undivided one-fourth interest in several small lots in Birmingham, with damages for the detention thereof; and was commenced on the 1st November, 1887. The plaintiff was one of the four children of Mrs. Josie R. Cantelou, who died, intestate, on the 9th September, 1881, and to whom the lots belonged at the time of her death. The lots were sold on the 13th October, 1884, by commissioners appointed by the Probate Court, for equitable…
1Opinion of the CourtStone, C. J.
Four persons, all under twenty-one years of age, two of them married women, were equal owners and tenants in common of the premises in controversy, being certain lots in the city of Birmingham. One of the tenants, *249Mrs. Shepherd, through her husband as next friend, filed her petition in the Probate Court of the county in which the lots were situated, averring that they “can not be equitably partitioned or divided without a sale.” — Code of 1886, § 3253. The petition is in all respects regular, gives the names, ages and residences of the other joint owners, and states which of them are married…
2Cases cited11 opinions
- Landford v. DunklinSupreme Court of Alabama · 1882
- Whitlow v. EcholsSupreme Court of Alabama · 1884
- Lyons v. HamnerSupreme Court of Alabama · 1887
- Field's Heirs v. GoldsbySupreme Court of Alabama · 1856
- Clark v. GilmerSupreme Court of Alabama · 1856
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Awbrey v. EstesSupreme Court of Alabama · 1927
- Hamilton v. TolleySupreme Court of Alabama · 1923
- Tharp v. JohnsonSupreme Court of Alabama · 1929
- Inman v. ProutSupreme Court of Alabama · 1890
2 more not listed; retrieve them via the Exa API.