Darrow v. City of Florence
Supreme Court of Alabama
Appeal from Circuit Court, Lauderdale County; Chas. P. Almon, Judge. Suit by the City of Florence against Mrs. G. M. Darrow and others to foreclose an improvement lien and distribute the prqceeds, after payment, among the owners. From the decree rendered, Mrs. Darrow appeals. The bill alleged that, under the will of J. K. Swoope, Mrs. Darrow took only a life interest, and that certain other of the heirs of Swoope naming them, were remaindermen.
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Appeal from Circuit Court, Lauderdale County; Chas. P. Almon, Judge. Suit by the City of Florence against Mrs. G. M. Darrow and others to foreclose an improvement lien and distribute the prqceeds, after payment, among the owners. From the decree rendered, Mrs. Darrow appeals. The bill alleged that, under the will of J. K. Swoope, Mrs. Darrow took only a life interest, and that certain other of the heirs of Swoope naming them, were remaindermen. Mrs. Darrow demurred on the grounds that the bill on. its face showed that she owned a fee-simple title in the property; the will being attached…
1Opinion of the CourtMcCLELLAN, J.
The city of Florence filed this bill against Mrs. Darrow (appellant) and others to foreclose an improvement lien on lots 111 and 112 in said city, according to map and plat of the Cypress Land Company. Jacob K. Swoope, who died testate in 1873, owned these lots. Mrs. Darrow, appellant, was Tempe Swoope, a daughter of Jacob K. Swoope, deceased. The character of interest or estate Mrs. Darrow took under her father’s will presents the only question for decision. The court below construed Mr. Swoope’s will as investing Mrs. Darrow (Tempe Swoope) with a life estate only in lots 111 and 112, with…
2Cases cited6 opinions
- Fowlkes v. ClaySupreme Court of Alabama · 1921
- Smith v. SmithSupreme Court of Alabama · 1908
- Hoover v. HooverIndiana Supreme Court · 1888
- Smith v. SmithSupreme Court of Alabama · 1903
- Dickson v. DicksonSupreme Court of Alabama · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ussery v. DarrowSupreme Court of Alabama · 1939
- Spira v. FrenkelSupreme Court of Alabama · 1923
- White v. FowlerSupreme Court of Alabama · 1944
- McGlathery v. MeeksSupreme Court of Alabama · 1929
- Abrahams v. AbrahamsSupreme Court of Alabama · 1929
8 more not listed; retrieve them via the Exa API.