Mathews v. Goodenough
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Pinkney Scott, Special Judge. Bill by F. R. and P. M. Mathews against Bettie Goodenough, individually and as guardian of certain minors, to review said probate proceedings, to confirm the same, and quiet title to land. Decree for respondent, and complainants appeal.
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Appeal from Circuit Court, Jefferson County; Pinkney Scott, Special Judge. Bill by F. R. and P. M. Mathews against Bettie Goodenough, individually and as guardian of certain minors, to review said probate proceedings, to confirm the same, and quiet title to land. Decree for respondent, and complainants appeal. The case made by the pleadings and the proof is: That one Reuben Goodenough owned 15 acres of land near Bessemer, Ala., and died, leaving said land as his only estate, and leaving surviving him certain minor heirs, hut no widow. His death occurred in the year 1910. After his death, one…
1Opinion of the CourtAnderson, C. J.
[1] The evidence shows that the land in question was the homestead of the respondent’s father when he died in 1910. Hence this case is controlled by the Code of 1907. There was no proof that the estate was ever declared insolvent so^ as to vest the title to the land absolutely in the minor children under section 4196 of the Code of 1907. It does appear, however, that the father left no widow, and that all of his heirs, or children, were minors when he died, and, as all of the land left was less in area and value than the exemption provided by law, the title to the land in question vested…
2Cases cited3 opinions
- Faircloth v. CarrollSupreme Court of Alabama · 1902
- Clements v. Faulk & Co.Supreme Court of Alabama · 1913
- Miles v. LeeSupreme Court of Alabama · 1913
3Cited by11 opinions
- Buchannon v. BuchannonSupreme Court of Alabama · 1929
- Bishop v. JohnsonSupreme Court of Alabama · 1942
- Compton v. CookSupreme Court of Alabama · 1953
- Chambliss v. DerrickSupreme Court of Alabama · 1927
- Jones v. HubbardSupreme Court of Alabama · 1922
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