Jordan v. Farrow
Supreme Court of Alabama
Appeal from tbe Chancery Court of Marshall. Heard before the Hon. A. H. Alston. The appellee, as guardian of minor children, filed a bill in the chancery court of Marshall county against the appellants, seeking to have certain real estate owned by the complainants and the defendants as tenants in common sold for division among them. Upon the final submission of the cause, a decree was rendered ordering the land sold as prayed for.
Read the full summary
Appeal from tbe Chancery Court of Marshall. Heard before the Hon. A. H. Alston. The appellee, as guardian of minor children, filed a bill in the chancery court of Marshall county against the appellants, seeking to have certain real estate owned by the complainants and the defendants as tenants in common sold for division among them. Upon the final submission of the cause, a decree was rendered ordering the land sold as prayed for. The lands were sold in accordance with this decree and the funds derived therefrom deposited in court. There upon the attorneys who filed a bill for the’…
1Opinion of the CourtTyson, J.
It seems to us too clear for disputation that counsel fees incurred by a complainant, cannot be allowed independent of a statute authorizing such al-*430Iowa nee, out of the proceeds of lands sold for partition by the chancery court among joint owners.—Foster v. Foster, 126 Ala. 257; Strong v. Taylor, 82 Ala. 213; Grimball v. Cruse, 70 Ala. 534.
Section 3183 of the Code is relied upon as authorizing the allowance made in this case. ’Conceding, without deciding it, that this section is applicable to proceedings in the chancery court authorized by section 3187 of the Code, there is nothing in it…
2Cases cited3 opinions
- Grimball v. CruseSupreme Court of Alabama · 1881
- Strong v. TaylorSupreme Court of Alabama · 1886
- Foster v. FosterSupreme Court of Alabama · 1899
3Cited by6 opinions
- Dent v. FoySupreme Court of Alabama · 1925
- Bidwell v. JohnsonSupreme Court of Alabama · 1915
- Troy Bank & Trust Company v. BrantleySupreme Court of Alabama · 1955
- Gardner v. McAuleySupreme Court of Arkansas · 1912
- Neal v. NealSupreme Court of Georgia · 1913
1 more not listed; retrieve them via the Exa API.