Planters' Bank of Tennessee v. Davis
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. William M. Bkooks. This action was brought by the appellant, against Nicholas Davis, Jr., to recover certain premises in Huntsville, known as “The Grove,” of which the defendant was in possession, and which the plaintiff claimed by purchase at sheriff’s sale under execution against Bartley M. Lowe.
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Appeal from the Circuit Court of Madison. Tried before the Hon. William M. Bkooks. This action was brought by the appellant, against Nicholas Davis, Jr., to recover certain premises in Huntsville, known as “The Grove,” of which the defendant was in possession, and which the plaintiff claimed by purchase at sheriff’s sale under execution against Bartley M. Lowe. The premises in controversy belonged to Dr. James Manning, who died in 1841, devising them to his widow, Mrs. Sophia Manning. Mrs. Manning went into possession under the devise, and, on the 6th November, 1841, conveyed the premises by…
1Opinion of the CourtStone, J.
— The deed from Mrs. Manning to Mrs. Lowe reserved a life estate in the former, with a vested remainder in fee in the latter. — Golding v. Golding, 24 Ala. 122; Mackey v. Proctor, 12 B. Monroe, 433 ; Doe v. Croft, 78 Eng. Com. Law, 323 ; Jackson v. McKinney, 3 Wend. 233; Scott v. Baber, 13 Ala. 186; Jackson v. Swart, 20 Johns. 85; Jackson v. Dumbagh, 1 Johns. Cas. 91; Jackson v. Staats, 11 Johns. 351.
If it be conceded that this deed must be construed as a covenant by Mrs. Manning to stand seized to the use of Mrs. Lowe, this does not in the least impair the life estate of the grantoi’. This…
2Cases cited7 opinions
- Jackson ex dem. Watson v. McKennyNew York Supreme Court · 1829
- Golding v. Golding's Adm'rSupreme Court of Alabama · 1854
- Jackson ex dem. Staats v. StaatsNew York Supreme Court · 1814
- Jackson ex dem. Trowbridge v. DunsbaghNew York Supreme Court · 1799
- Jackson ex dem. Wood v. SwartNew York Supreme Court · 1822
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3Cited by5 opinions
- Graves v. WheelerSupreme Court of Alabama · 1913
- Nelson v. Goree'r Adm'rSupreme Court of Alabama · 1859
- Proctor v. ScharpffSupreme Court of Alabama · 1885
- Todd v. OviattSupreme Court of Connecticut · 1889
- Russell v. CarverSupreme Court of Alabama · 1922