Martin v. Cothran

BOULDIN, Justice.

Appellee sued in statutory ejectment.

The parties claimed from a common source of title, namely, M. C. Abernathy, deceased. Plaintiff claimed as heir of decedent. Defendants claimed through the widow, Lou Abernathy, on the following state of facts:

The widow became administratrix, with the will annexed, of the estate of her deceased husband. The administration being removed to the equity court, the lands in suit were by appropriate proceedings, duly set apart to the widow as her homestead. The estate owned other realty. Lienee, by this proceeding, the widow took only a life…