Ladd v. Ladd
| Decision Date | 11 April 1899 |
| Citation | 25 So. 627,121 Ala. 583 |
| Parties | LADD ET AL. v. LADD ET AL. |
| Court | Alabama Supreme Court |
Appeal from probate court, Mobile county; Price Williams, Jr. Judge.
Petition by J. M. Ladd and others against U. V. Ladd and others for an order to sell for division among them real estate owned jointly or in common by said parties. From orders for the sale thereof and confirming a commissioner's report of sale, and a decree for the execution of a deed to the purchaser, U. V. Ladd and others appeal. Reversed.
On the 13th day of December, 1897, the appellees filed their original petition in said court, setting forth that they and the appellants and others were the joint owners or tenants in common of the lands therein described, and alleging that it could not be equally and equitably partitioned or divided without a sale, and praying for an order to sell the same for division among the several owners. On the 15th day of January, 1898, said petition was amended and the hearing set for the 15th day of February, 1898, and on said last-named day the order of sale was made and James K. Glennon appointed as commissioner to make said sale, which was, after due and legal advertisement, made on the 5th day of July, 1898, and reported to the court on the 25th day of July, 1898, showing that he had sold the lands, consisting of about 8,000 acres of pine timber lands lying on the west side of Mobile river and about 1,818 acres of cypress timber lands lying on the east side of Mobile river; that he had offered and sold said two bodies of lands in separate parcels, and that it brought the sum of $20,000, each parcel selling for $10,000. The appellants filed objections and exceptions to the confirmation of the said report of sale so far as the same related to the 1,818 acres of cypress timber lands lying on the east side of Mobile river, upon the ground that said portion of the lands sold for a sum greatly less than its real value. Upon an examination of the said report and the testimony offered by all parties in connection therewith, the court, on the 31st day of August, 1898, overruled the objections and exceptions of appellants, and confirmed said report of sale so far as said cypress lands were concerned and ordered and decreed the said commissioner to execute deeds to the purchasers. From said orders and decree confirming the sale of said cypress timber lands, the present appeal is prosecuted, and the appellants assign as error the rulings of the court upon the evidence. The facts relating to the rulings upon the evidence are sufficiently stated in the opinion, and need not be here stated at length.
McIntosh & Rich, for appellants.
Bestor & Gray, for appellees.
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... ... property the value of which was in issue, which was held to ... be inadmissible in Ladd v. Ladd, supra [25 So. 627, ... 121 Ala. 583, 585, 586]. The offer is upon a lower plane as ... evidence of the would-be purchaser's estimate of ... ...
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... ... consequence, the credibility of his testimony." ... Buist v. Guice, 105 Ala. 518, 16 So. 915; Ladd ... et al. v. Ladd et al., 121 Ala. 584, 586, 25 So. 627; ... East Brandywine, etc., R. R. v. Ranck, 78 Pa. 454; ... Springer v. Chicago, 12 L. R ... ...
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