Legal Opinion

Dallas Compress Co. v. Smith

Supreme Court of Alabama

Decided December 17, 1914PublishedCited by 42 opinions

Appeal from Selma City Court. Heard before Hon. J. W. Mabry, Bill by James Q. Smith against the Dallas Compress Company and others, to quiet title to land, and for an accounting. Decree for complainant, and respondents appeal, complainant also filing cross appeal.

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Appeal from Selma City Court. Heard before Hon. J. W. Mabry, Bill by James Q. Smith against the Dallas Compress Company and others, to quiet title to land, and for an accounting. Decree for complainant, and respondents appeal, complainant also filing cross appeal. Complainant alleges that: He is the son and only child of James- Q. Smith, Sr., and was at the time of the death of said James Q. Smith, Sr., his only heir at law; that in July¿ 1879, said Smith, Sr., owned the following described real estate in. the city of Selma (here follows the description of a number of lots) : and that on July…

1Opinion of the Court

SAYRE, J.—(1) Appellants in this case appear to have acquired their claim to the property in controversy in reliance, upon a construction of the marriage settlement which would give appellee’s mother, the widow of the settlor, the right under the terms of-the settlement to dispose absolutely of the property after the settlor’s death. We consider this question to have been determined against appellants in the case of Smith v. Turpin, 109 Ala. 689, 19 South. 914. The argument of this contention' in the present case depends, as it did-in the case cited, upon a strict grammatical construction of…

2Cases cited22 opinions

  1. Kidd v. BorumSupreme Court of Alabama · 1913
  2. Robinson v. PierceSupreme Court of Alabama · 1897
  3. Fowler v. Alabama Iron & Steel Co.Supreme Court of Alabama · 1910
  4. Winters v. PowellSupreme Court of Alabama · 1912
  5. Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883

17 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Spain v. Brown & Williamson Tobacco Corp.Supreme Court of Alabama · 2003
  2. Winsett v. WinsettSupreme Court of Alabama · 1919
  3. Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
  4. Henderson v. HendersonSupreme Court of Alabama · 1923
  5. Ussery v. DarrowSupreme Court of Alabama · 1939

37 more not listed; retrieve them via the Exa API.

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