Beard v. DuBose
Supreme Court of Alabama
Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. Ejectment by J. 'S. Beard against John DuBose. Judgment for defendant on a directed verdict, and plaintiff appeals. The only question presented is the right of courtesy in the husband under the statute laws of Alabama, it not being shown that any child was ever born to John and Betty DuBose.
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Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. Ejectment by J. 'S. Beard against John DuBose. Judgment for defendant on a directed verdict, and plaintiff appeals. The only question presented is the right of courtesy in the husband under the statute laws of Alabama, it not being shown that any child was ever born to John and Betty DuBose. The husband takes as a distributee of the wife’s estate. — S'ection 3765, Code 1907. This section is in the Code under the chapter providing for descent and distribution and is a part thereof. The husband then takes an interest in his wife’s…
1Opinion of the CourtMcCLELLAN, J.
Statutory ejectment by appellant against appellee to recover a lot in the city of Troy, Ala. *412The court gave, at the request of the defendant, the general affirmative charge, with hypothesis, in his behalf.
The bill of exceptions does not purport to set out or to contain all, or even substantially all, of the evidence before the trial court. This being the condition of the bill before the court in the present .appeal, the following language of Chief Justice Dowdell, to be found in Lewis Land & Lumber Co. v. Interstate L. Co.. 163 Ala. 592, 593, 50 South. 1036, is apt, and its doctrine is…
2Cases cited17 opinions
- Montgomery & Eufaula Railway Co. v. KolbSupreme Court of Alabama · 1882
- Lamar v. KingSupreme Court of Alabama · 1910
- Postal Telegraph Cable Co. v. HulseySupreme Court of Alabama · 1896
- Alexander v. AlexanderSupreme Court of Alabama · 1882
- Sanders v. SteenSupreme Court of Alabama · 1900
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Sovereign Camp, W. O. W. v. CarrellSupreme Court of Alabama · 1928
- Stephens v. WalkerSupreme Court of Alabama · 1928
- Illinois Cent. R. Co. v. PoseySupreme Court of Alabama · 1924
- Middlebrooks v. SandersSupreme Court of Alabama · 1913
8 more not listed; retrieve them via the Exa API.