MacPherson v. Tillman

FAULKNER, Justice.

James A. MacPherson and his brother, Cuthbert, owned 100 acres of land in Limestone County as tenants in common. Mary Lee MacPherson became the wife of Cuth-bert in 1942. Mary and Cuthbert moved into a house on the 100 acre tract of land. James A. MacPherson also lived in the house from time to time.

James smoked a pipe, much to the annoyance of Mary. In 1959, the two brothers transferred one acre from the 100 tract of land to Mary. She built a small house on the land, about 100 yards from the old house. She and her husband, Cuthbert, *944moved into the new house. Cuthbert…