McCullough v. Wise
Supreme Court of Alabama
Appeal from the Circuit Court of Coffee. Tried before the Hon. H. D. CLAYTON. The appellants, as heirs at law of one F. W. McCullough, deceased, sued to recover a certain parcel of land from appellants, in possession, namely : Francis Wise, the executrix of said McCullough, and her husband and co-defendant, J. Q. Wise. The said appellants claim one half interest in the land.
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Appeal from the Circuit Court of Coffee. Tried before the Hon. H. D. CLAYTON. The appellants, as heirs at law of one F. W. McCullough, deceased, sued to recover a certain parcel of land from appellants, in possession, namely : Francis Wise, the executrix of said McCullough, and her husband and co-defendant, J. Q. Wise. The said appellants claim one half interest in the land. The ease was submitted upon the following agreed statement of facts : “ That the estate has not been fully settled, and the executrix has paid the debts of testator out of her own funds, and the amount paid by her is…
1Opinion of the CourtStone, J.
1. The eases of Golding v. Golding (24 Ala. 122), and Russell v. Erwin (41 Ala. 292), have settled that an executor or administrator, under our statutes, has such a right to the possession of lands of his testator, or intestate, as that he can maintain ejectment for its recovery; see, also, Boynton v. McEwen, 36 Ala. 348. A title or right which will maintain ejectment, must necessarily be a good defense to one right in possession.
2. The executrix, having, with her own means, paid the debts of her testator, and there being no other assets, save his interest in the lands sued for, and the…
2Cases cited3 opinions
- Golding v. Golding's Adm'rSupreme Court of Alabama · 1854
- Russell v. Erwin's Ad'mrSupreme Court of Alabama · 1867
- Boynton v. McEwenSupreme Court of Alabama · 1860
3Cited by6 opinions
- Calhoun v. FletcherSupreme Court of Alabama · 1879
- Glenn's Adm'r v. BillingsleaSupreme Court of Alabama · 1879
- Masterson v. PullenSupreme Court of Alabama · 1878
- Layton v. HamiltonSupreme Court of Alabama · 1926
- Watson v. PrestwoodSupreme Court of Alabama · 1885
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