Legal Opinion

McCorkle v. Rhea

Supreme Court of Alabama

Decided December 15, 1883PublishedCited by 9 opinions

Appeal from Etowah Circuit Court. Tried before IT. C. Semple, Esquire, acting as'Special Judge. The facts are sufficiently stated in the opinion.

1Opinion of the CourtSomeryille, J.

It is. admitted that the plaintiffs can recover in the present action, which is one of ejectment, unless the title of the lands sued for was divested out of them by certain proceedings in the probate court of St. Clair county, which transpired in the year 1859, on the application of the administrator of James Hampton, deceased, under whom the plaintiffs claim title as children arid next of kin.

The application was made for the sale of these lands for distribution among the joint owners or tenants in common, upon the alleged ground that they could not be equitably partitioned or divided among…

2Cases cited6 opinions

  1. Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
  2. Pettus v. McClannahanSupreme Court of Alabama · 1875
  3. Bland v. BowieSupreme Court of Alabama · 1875
  4. Matheson's Heirs v. HearinSupreme Court of Alabama · 1856
  5. Whitman v. ReeseSupreme Court of Alabama · 1877

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Whitlow v. EcholsSupreme Court of Alabama · 1884
  2. Lyons v. HamnerSupreme Court of Alabama · 1887
  3. Hillens v. BrinsfieldSupreme Court of Alabama · 1895
  4. Morgan v. FarnedSupreme Court of Alabama · 1887
  5. Ballard v. JohnsSupreme Court of Alabama · 1885

4 more not listed; retrieve them via the Exa API.

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