Kyser v. McGlinn
Supreme Court of Alabama
Appeal from Circuit Court, Monroe County; John D. Leigh, Judge. Bill by Patrick H. McGlinn against J. K. Kyser and others to sell land for division. From a decree granting the relief prayed, respondents appeal.
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Appeal from Circuit Court, Monroe County; John D. Leigh, Judge. Bill by Patrick H. McGlinn against J. K. Kyser and others to sell land for division. From a decree granting the relief prayed, respondents appeal. The facts stated in the bill are as follows: That complainant owns an undivided one-third interest in certain lands described in the bill, and that the respondents Kyser and Waters own an undivided two-thirds interest in a described portion of the land, and that Phillip Lee owns a two-thirds interest in certain other portions of the land. That the land is incapable of division without…
1Opinion of the CourtSayre, J.
Appellee filed the bill in this cause in 1918 praying that a certain parcel of land to be sold for division in lieu of partition. It is agreed that the facts are correctly stated in the pleadings, the substance of which will be stated in the report. There was a decree adjudging complainant to be the owner of a one-third interest in the property and that the same be sold for division.
[1] The family of Jeremiah McGlinn, complainant’s father, have had no intelligence concerning him since 1903, and the presump- ti on will be indulged that he has been dead since 1910. Smith v. Smith, 49 Ala. 156;…
2Cases cited7 opinions
- Tartt v. NegusSupreme Court of Alabama · 1899
- Banks v. SpeersSupreme Court of Alabama · 1892
- Garland v. BostickSupreme Court of Alabama · 1897
- Modern Woodmen of America v. GhromleySupreme Court of Oklahoma · 1914
- Huey v. BrockSupreme Court of Alabama · 1921
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
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- Harkins & Co. v. LewisSupreme Court of Alabama · 1988
- Bishop v. JohnsonSupreme Court of Alabama · 1942
- Wise v. HelmsSupreme Court of Alabama · 1949
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