Bean v. Welsh
Supreme Court of Alabama
Error to the Circuit Court of Morgan. Tried before the Hon. S. C. Posey. Immediately upon the probate of this will, the legal title to the land sued for vested in the legatee. The contract made by him with the heirs of the testator did not divest him of this title. The utmost effect that can be given to it is, that it gave the others equitable titles to certain undivided portions of the land. • This left the legal title still in him.
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Error to the Circuit Court of Morgan. Tried before the Hon. S. C. Posey. Immediately upon the probate of this will, the legal title to the land sued for vested in the legatee. The contract made by him with the heirs of the testator did not divest him of this title. The utmost effect that can be given to it is, that it gave the others equitable titles to certain undivided portions of the land. • This left the legal title still in him. The legal title being in him, the plaintiff below could not sustain an action at law. But suppose the agreement to have vested in her the title. Still she could…
1Opinion of the CourtParsons, J.
This was an action of trespass to try titles to a tract of land, and was brought by the defendant in' error, Catherine Welch, against Benjamin F. Bean. The facts were these: Jeremiah Pate, the father of the plaintiff below, being seized of several tracts of land, executed his last will, by which he gave to his wife during her life an eighty acre tract on which he lived, besides several slaves, and other articles of personal property. He also bequeathed to all his children some small pecuniary legacies, and gave to Thomas Pate, one of his sons, all the rest of his estate, both real and…
2Cases cited3 opinions
- Tillotson v. Doe ex dem. KennedySupreme Court of Alabama · 1843
- Kennedy v. Heirs of M'CartneySupreme Court of Alabama · 1836
- Springstein v. SchermerhornNew York Supreme Court · 1815
3Cited by10 opinions
- Taggart v. RisleyOregon Supreme Court · 1872
- Threefoot Bros. & Co. v. HillmanSupreme Court of Alabama · 1900
- Sayre v. Sheffield Land, Iron & Coal Co.Supreme Court of Alabama · 1894
- Smith v. MundySupreme Court of Alabama · 1850
- David v. ShepardSupreme Court of Alabama · 1867
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