Smith v. Wert
Supreme Court of Alabama
Appeal from tbe Chancery Court of Madison. Heard before tbe Hon. William Weeden, as special chancellor, selected by the parties on account of the incompetency of Hon. H. C. Speake, who bad been of counsel in the cause. Tbe bills in these two cases were filed on tbe 24th March, 1873, in the Chancery Court of Jackson county; and the causes were transferred to Madison county by consent.
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Appeal from tbe Chancery Court of Madison. Heard before tbe Hon. William Weeden, as special chancellor, selected by the parties on account of the incompetency of Hon. H. C. Speake, who bad been of counsel in the cause. Tbe bills in these two cases were filed on tbe 24th March, 1873, in the Chancery Court of Jackson county; and the causes were transferred to Madison county by consent. The complaiants in one case were Brooks Smith, Gabriel M. Smith, and Barton B. Smith; and in the other, Aaron N. Woosley and his wife (Delilah Woosley), Bichard H. Ogilvie, William Ogilvie, and James Ogilvie. The…
1Opinion of the CourtStone, J.
—These two causes, on all material points of merit, are identical, and we will consider them together. The material questions arise as follows : In August, 1853, William J. Sanders died, intestate, owning the lands in controversy. Mrs. Wert is his sole surviving heir at law, and in 1872, about the time, or shortly after she arrived at twenty-one years of age, she instituted actions of ejectment to recover the lands. Mr. Sanders left a widow, who was entitled to dower in the lands, and who intermarried with Parker in 1860. The present bills were filed to enjoin the actions of ejectment, and to…
2Cases cited6 opinions
- Bland v. BowieSupreme Court of Alabama · 1875
- Hutton v. WilliamsSupreme Court of Alabama · 1860
- McCully v. ChapmanSupreme Court of Alabama · 1877
- Gantt's Adm'r v. PhillipsSupreme Court of Alabama · 1853
- Derrett v. AlexanderSupreme Court of Alabama · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Mascall v. MurrayOregon Supreme Court · 1915
- Laird v. Columbia Loan & Investment Co.Supreme Court of Alabama · 1927
- Wise v. StateSupreme Court of Alabama · 1922
- Whitney v. Jasper Land Co.Supreme Court of Alabama · 1898
- Robinson v. PebworthSupreme Court of Alabama · 1881
6 more not listed; retrieve them via the Exa API.