[DOWNLOAD] "J. S. Hardee Et Al. v. J. W. Hardee" by Supreme Court of Alabama # eBook PDF Kindle ePub Free
eBook details
- Title: J. S. Hardee Et Al. v. J. W. Hardee
- Author : Supreme Court of Alabama
- Release Date : January 13, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
The original bill was filed by J. S. Hardee and forty other persons against J. W. Hardee. Two of the original complainants
were stricken and several other persons were added as parties complainant by amendments. The bill as amended alleges that
the complainants and the respondent are the joint owners of approximately eighty acres of land situate in Conecuh County,
to which we will sometimes refer hereafter as the suit property, which cannot be equitably divided in kind and prayed that
it be sold for division of the proceeds among the alleged joint owners according to their respective interests. The bill as
amended does not aver how the alleged joint owners acquired their interests but such averments are not necessary. Vest v.
Wilson, 223 Ala. 414, 136 So. 730; Brewer v. Brewer, 250 Ala. 222, 34 So.2d 13; Ellis v. Stickney, 253 Ala. 86, 42 So.2d 779. The respondent, J. W. Hardee, filed his answer wherein he denies that any of the complainants own any interest in the suit
property and avers that he is the sole owner. The answer was made a cross bill and it is averred therein that the suit property
was owned by N. Z. Hardee, an ancestor of all of the parties to the litigation, but that the respondent-cross complainant
is now the owner of the property by virtue of a deed from his sister, Isabella Hardee (executed in 1948), who had obtained
fee simple title to the suit property under a deed from her father, N. Z. Hardee, executed on April 6, 1923. The prayer of
the cross bill was that the trial court enter a decree declaring that the respondent-cross complainant is the sole owner of
the land in controversy and that the title to that land be quieted in him and that the complainants-cross respondents be enjoined
from claiming any right, title or interest in the land.