Simmons v. Simmons
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before Eugene McCaa, Esq., an attorney of the court, selected by the parties on account of the in competency of the presiding judge. This action was brought by ’William T. Simmons against L. Lavender Simmons, to recover the possession of a tract of land particularly described in the complaint; and was commenced on the 6th October, 1881. The defendant pleaded not guilty, and the cause was tried on issue joined on that plea.
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Appeal from the Circuit Court of Marengo. Tried before Eugene McCaa, Esq., an attorney of the court, selected by the parties on account of the in competency of the presiding judge. This action was brought by ’William T. Simmons against L. Lavender Simmons, to recover the possession of a tract of land particularly described in the complaint; and was commenced on the 6th October, 1881. The defendant pleaded not guilty, and the cause was tried on issue joined on that plea. On the first trial, both parties claimed title under the will of their deceased father, Lewis Simmons, and there was a…
1Opinion of the CourtClopton, J.
When this case was before ns on a former appeal — 73 Ala. 235 — the plaintiff based his right to recover on the devise of the land in. controversy in the will of Lewis Simmons. We then held that the devise to the plaintiff, in .the absence of proof other than shown by the record, is too obscure, the error being patent on the face of the will, to impair the clear language of an earlier devise of the land in the same will to the defendant. On the case as presented by the present record, the plaintiff claims title under a conveyance made by Lewis Simmons,' several years prior to the making of…
2Cases cited9 opinions
- Allen v. KellamSupreme Court of Alabama · 1881
- Alexander v. AlexanderSupreme Court of Alabama · 1882
- Firemen's Insurance v. McMillanSupreme Court of Alabama · 1856
- McLure v. ColcloughSupreme Court of Alabama · 1849
- Adams v. AdamsSupreme Court of Alabama · 1864
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3Cited by5 opinions
- Lewis v. WatsonSupreme Court of Alabama · 1893
- Pendley v. Madison's Adm'rSupreme Court of Alabama · 1887
- Malaney v. CameronSupreme Court of Kansas · 1916
- Foster v. WinchesterSupreme Court of Alabama · 1890
- Walker v. WarnerCourt of Appeals for the D.C. Circuit · 1908