Isbell v. Maclin
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before the Hon. Robert Dougherty, Detinue by the defendants in error, infants who sue by their next friend, for the recovery of certain slaves. After the action was commenced, and before the return of the writ, ono of the plaintiffs died; whereupon his death was suggested on the record, and plaintiffs proceeded in the name of the survivors, but defendant reserved the question of their ability thus to continue the suit.
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Error to the Circuit Court of Talladega. Tried before the Hon. Robert Dougherty, Detinue by the defendants in error, infants who sue by their next friend, for the recovery of certain slaves. After the action was commenced, and before the return of the writ, ono of the plaintiffs died; whereupon his death was suggested on the record, and plaintiffs proceeded in the name of the survivors, but defendant reserved the question of their ability thus to continue the suit. The plaintiffs sue as the children and lawful issue of William J. Maclin and Adeline T., his wife, formerly Adeline T. Heath, and…
1Opinion of the CourtGibbons, J.
It is contended by tho plaintiff in error that the limitation over to • — — Hands is too remote, and therefore void ; and this limitation being void, that the first taker, Adeline T. Heath, (afterwards Maclin,) took an absolute estate under the will.
The words of the limitation are: ts but in case my said half-sister should die without any lawful issue, then, and in that case, it Í3 my will, that all my -property should go from said half sister to —— Harris,” &c. The words i£ without lawful issue,” uncontrolled or unexplained by any other words or expressions in the will, limiting the failure…
2Cases cited7 opinions
- Shepherd v. NaborsSupreme Court of Alabama · 1844
- Machen v. MachenSupreme Court of Alabama · 1849
- Ewing v. StandeferSupreme Court of Alabama · 1850
- Allen v. WhiteSupreme Court of Alabama · 1849
- Hobson v. Kissam & Co.Supreme Court of Alabama · 1845
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- West v. GlissonCourt of Appeals of Texas · 1916
- Mason v. Pate'sSupreme Court of Alabama · 1859
- Shackelford v. BullockSupreme Court of Alabama · 1859
- Landman v. SnodgrassSupreme Court of Alabama · 1855
- Parish v. ParishSupreme Court of Alabama · 1861
2 more not listed; retrieve them via the Exa API.