Tartt v. Negus
Supreme Court of Alabama
Appeal from tlie Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This Aims a common Irav action of ejectment, brought by the appellants against the appellee, Julia D. Negus, to recover a certain house-and lot in the city of Mobile. The plaintiffs are the sisters of one Gus Mescepts, deceased, who claimed title 'to the property sued for by inheritance, as the only li-eirs and next of kin of the said Gus Mescepts, deceased.
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Appeal from tlie Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This Aims a common Irav action of ejectment, brought by the appellants against the appellee, Julia D. Negus, to recover a certain house-and lot in the city of Mobile. The plaintiffs are the sisters of one Gus Mescepts, deceased, who claimed title 'to the property sued for by inheritance, as the only li-eirs and next of kin of the said Gus Mescepts, deceased. The defendant pleaded the general issue. The plaintiffs proved, and it was admitted, that they were the sisters of the said Gus Mescepts, deceased. It…
1Opinion of the CourtSharpe, J.
Under section 2069 of the Code the homestead exempted to the widow or widow and minor children, if any, of a decedent is made to enure to the benefit of the widow or widow and minor children of the decedent during the life of the widow or minority of the children whichever might last terminate, and to vest in them absolutely if the estate is ascertained to be insolvent. This provision is general in terms, but is qualified by section 2071 of-the Code, which provides that “when the homestead set apart to the widow and minor. children, or either, constitutes all the real estate owned by the…
2Cases cited4 opinions
- Banks v. SpeersSupreme Court of Alabama · 1892
- Jackson v. WilsonSupreme Court of Alabama · 1897
- Pollak v. McNeilSupreme Court of Alabama · 1893
- Garland v. BostickSupreme Court of Alabama · 1897
3Cited by46 opinions
- Grigsby v. ReibTexas Supreme Court · 1913
- McClurkin v. McClurkinSupreme Court of Alabama · 1921
- Lucille Smith v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Eleventh Circuit · 1983
- Sloss-Sheffield Steel & Iron Co. v. WatfordSupreme Court of Alabama · 1944
- Piel v. BrownSupreme Court of Alabama · 1978
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