Neville v. Cheshire
Supreme Court of Alabama
Appeal from Lee Circuit Court. Heard before Hon. A. A. Evans. . Statutory ejectment by Sue K. Neville against J. M. ■Cheshire. Judgment for plaintiff and defendant appeals. Appellants held the legal right to the property in controversy and was entitled to the affirmative charge.
Read the full summary
Appeal from Lee Circuit Court. Heard before Hon. A. A. Evans. . Statutory ejectment by Sue K. Neville against J. M. ■Cheshire. Judgment for plaintiff and defendant appeals. Appellants held the legal right to the property in controversy and was entitled to the affirmative charge. The deed from McDaniel to his wife by virtue of the statute subsequently passed ■conveyed the legal title. — Milan v. Coley, 144 Ala. 537 ; •Gunn v. Hardy, 107 Ala. 612; Simmons v. Richardson, 107 Ala. 704; Rooney v. Michael, 84 Ala. 589. The original will together with the endorsements thereon Avas offered and…
1Opinion of the CourtMayfield, J.
This is a statutory action in the nature of ejectment. Both parties claim title through a. common source — Thomas J. McDaniel. The plaintiffs, and defendant on appeal were respectively the plaintiffs, and defendant pn the trial. Plaintiffs claim title through a deed from the common source of title, Thomas J. McDaniel, to his wife, Sarah Ann McDaniel, of July 7, 1876, and through the last will of Sarah Ann McDaniel, of August 19, 1889. The defendant claims title through the same deed from the common source to Sarah Ann McDaniel, and thence through conveyance from her, as grantee, to J. E.…
2Cases cited12 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Goodlett v. HansellSupreme Court of Alabama · 1880
- Powe v. McLeod & Co.Supreme Court of Alabama · 1884
- McMillan v. PeacockSupreme Court of Alabama · 1876
- Turner v. KellySupreme Court of Alabama · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Joseph G. Givens v. AL Dept. of CorrectionsCourt of Appeals for the Eleventh Circuit · 2004
- Hicks v. MeadowsSupreme Court of Alabama · 1915