Nelson v. Murfee
Supreme Court of Alabama
Appeal from Hale Circuit Court. Tried before Hon. G-eo. H. Craig. Tlie facts are sufficiently stated in the opinion. (1). It is settled tliat upon the death of a person seized of an heritable estate in lands, the title descends to, and vests m them.
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Appeal from Hale Circuit Court. Tried before Hon. G-eo. H. Craig. Tlie facts are sufficiently stated in the opinion. (1). It is settled tliat upon the death of a person seized of an heritable estate in lands, the title descends to, and vests m them. Doe v. Hardy, 52 Ala. 297; McGully v. Chapman, 58 Ala. 328 ; Calhoun v. Fletcher, 63 Ala. 580. This title, so vested, may be alieilated or devised by the heir, and the better opinion, therefore, seems to be, that where lands are made subject to execution, as is now universally the case, and there is no statutory prohibition of a levy upon, and…
1Opinion of the CourtStone, J.
Gideon Nelson died intestate, leaving as his next of kin, heirs at law and distributees, his two brothers, John and Jabez 0., who, with four others, inherited his estate, each being entitled to one-sixth part thereof. Gideon’s personal estate was insufficient to pay his debts, and his lands were sold for that purpose, under an order of court obtained therefor. His entire landed estate was sold under that order, and its proceeds, together with the personal assets, paid the debts and expenses of administration, and left a surplus of fifteen hundred dollars for division or distribution; that is,…
2Cases cited10 opinions
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- Teague v. CorbittSupreme Court of Alabama · 1877
- Calhoun v. FletcherSupreme Court of Alabama · 1879
- Miller v. Irby's Adm'rSupreme Court of Alabama · 1879
- Goodman v. BenhamSupreme Court of Alabama · 1849
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3Cited by16 opinions
- Oxsheer v. NaveTexas Supreme Court · 1897
- In Re Estate of FerrisSupreme Court of Iowa · 1944
- Fiscus v. MooreIndiana Supreme Court · 1890
- Woods v. KnottsSupreme Court of Iowa · 1923
- Senneff v. BrackeySupreme Court of Iowa · 1914
11 more not listed; retrieve them via the Exa API.