Shamblin v. Hall
Supreme Court of Alabama
Appeal from the Circuit Court of Franklin. Tried before the Hon. E. B. Almon. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Franklin. Tried before the Hon. E. B. Almon. The facts of the case are sufficiently stated in the opinion. Upon the plaintiff’s offering to prove that their ancestor, John Burleson, ¿tied on June 15,1883, the defendant objected and moved the court to exclude the testimony, on the ground that said testimony is a collateral attack on the decree of the probate court setting aside said lands to Kizzie Burleson, the defendant’s grand-daughter, said'decree'reciting the fact that said John Burleson dmd June 15, 1887; and on the further ground that plaintiffs can not…
1Opinion of the CourtDowdell, J.
-This is a statutory action of ejectment brought by appellees against appellant. The appellees, plaintiffs in t]ie court below, claimed- as heirs at law of John Burleson, deceased, the common' ancestor of plaintiffs and defendant, and sued to recover an undivided interest in the lands described in the complaint. The defendant relied upon a deed executed to her by Kizzie Burleson, widow of John Burleson; The undisputed facts as shown by the bill of‘ exceptions are, that John Burleson was the common ancestor and died in possession of the land in question, that the same was his homestead, and in…
2Cases cited1 opinion
- Smith v. BoutwellSupreme Court of Alabama · 1893
3Cited by9 opinions
- Cobbs v. NorvilleSupreme Court of Alabama · 1933
- Kyser v. McGlinnSupreme Court of Alabama · 1921
- McGregor v. McGregorSupreme Court of Alabama · 1947
- Henley v. FosterSupreme Court of Alabama · 1930
- Horton v. CarterSupreme Court of Alabama · 1950
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