Bruce v. Bradshaw
Supreme Court of Alabama
Ax'pbal from Coffee Circuit Court. Tried before Hon. H. D. Clayton. This was an action in the nature of ejectment brought under -the statute by the appellants as the heirs at law of tVdlkerson Ezelle, deceased, for the recovery of a tract of land in Coffee ■county, of which their ancestor died seized and possessed. The .■appellee claimed title under a sale and two deeds made by Mx-s.
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Ax'pbal from Coffee Circuit Court. Tried before Hon. H. D. Clayton. This was an action in the nature of ejectment brought under -the statute by the appellants as the heirs at law of tVdlkerson Ezelle, deceased, for the recovery of a tract of land in Coffee ■county, of which their ancestor died seized and possessed. The .■appellee claimed title under a sale and two deeds made by Mx-s. Prances Ezelle, the decedent’s widow, in pursuance of an act of the General Assembly, approved March 9, 1871 (Pamph. Acts 1870-1, p. 285), authoiizing her “to sell all the lands belonging to the estate of…
1Opinion of the CourtStone, J.
We do not think this case distinguishable in principle from the many cases of statutes authorizing the private sale of lands of a decedent, which this court has pronounced valid. — Pamph. Acts 1870-1, p. 285. See a collection of the authorities in Tindal v. Drake, 60 Ala. 170. See, also, Watson v. Oates, 58 Ala. 647; Cooley on Cons. Lim. (in margin) 85 to 103. Mr. Cooley characterizes such statutes as “ prerogative remedial legislation,” and cites many well considered authorities in support of the doctrine. Speaking of such statutes, Briokell, C. J., in Watson v. Oates, supra, said: “It is…
2Cases cited4 opinions
- Watson v. OatesSupreme Court of Alabama · 1877
- In re SelbyMichigan Supreme Court · 1859
- Scranton, Barney & Co. v. BallardSupreme Court of Alabama · 1879
- Tindal v. DrakeSupreme Court of Alabama · 1877
3Cited by8 opinions
- Holder v. TaylorSupreme Court of Alabama · 1937
- Etowah Mining Co. v. Doe ex dem. CarlisleSupreme Court of Alabama · 1900
- Loper v. E. W. Gates Lumber Co.Supreme Court of Alabama · 1923
- Enterprise Lodge No. 352 of the Knights of Pythias, Inc. v. First Baptist ChurchSupreme Court of Alabama · 1972
- Johnson v. SandlinSupreme Court of Alabama · 1921
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