Gafford v. Strauss
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. This action was brought by Simon Strauss, against Mrs. Sallie Gafford and H. T. Wimberly, to recover the possession of a tract of land containing eighty acres, described as the south half of the north-west quarter of section 5, T. 10, B. 15; and was commenced on the 20th November, 1888. The defendants pleaded not guilty, and the statute of limitations of ten years; and issue was joined on these…
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Appeal from the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. This action was brought by Simon Strauss, against Mrs. Sallie Gafford and H. T. Wimberly, to recover the possession of a tract of land containing eighty acres, described as the south half of the north-west quarter of section 5, T. 10, B. 15; and was commenced on the 20th November, 1888. The defendants pleaded not guilty, and the statute of limitations of ten years; and issue was joined on these pleas. The plaintiff claimed the land under a mortgage executed to him by J. M. Gafford, who was the husband of Mrs.…
1Opinion of the CourtClopton, J.
Both parties concede that J. M. Gafford was formerly seized and possessed of the land in controversy. Appellee', who was the plaintiff in the Circuit Court, derives title under a mortgage executed by him, February *28522, 1873. Defendants do not claim that title ever passed from Gafford to them, or either of them, by any legal conveyance. Their defense is, that Gafford, being indebted to Mrs. Sallie Gafford, who was his wife, for money of her separate estate which he received and rfsed, gave her, in February, 1872, by parol, the lands on which he then lived, including the lands in controversy, in…
2Cases cited5 opinions
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Coyle v. WilkinsSupreme Court of Alabama · 1876
- Doe ex dem. Farmer's Heirs v. EslavaSupreme Court of Alabama · 1847
- Bell v. Bell's Adm'rSupreme Court of Alabama · 1861
- Cowley v. ShelbySupreme Court of Alabama · 1881
3Cited by10 opinions
- Washington v. NorwoodSupreme Court of Alabama · 1900
- Jones v. JonesSupreme Court of Alabama · 1929
- Stiff v. CobbSupreme Court of Alabama · 1899
- Ray v. FarrowSupreme Court of Alabama · 1924
- Skinner v. HaleSupreme Court of Connecticut · 1903
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