Hardy v. Killingsworth
Supreme Court of Alabama
Appeal, from Shelby County Court. Heard before Hon. E. S. Lyman. Bill by Emma E. Killingsworth against Fred Hardy, to perpetually enjoin a judgment in ejectment, and to invest complainant with a legal title to the lands involved.. Judgment for complainant and respondent appeals.
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Appeal, from Shelby County Court. Heard before Hon. E. S. Lyman. Bill by Emma E. Killingsworth against Fred Hardy, to perpetually enjoin a judgment in ejectment, and to invest complainant with a legal title to the lands involved.. Judgment for complainant and respondent appeals. The husband was not competent to testify for the wife in this case. — Sec. 4007, Code 1907; Boykin v. Smith., (55 Ala. 294; Miller v.-Connor, 84 Ala. 59. Such statutes are liberally construed. — Blalcney v. Blalcney, 7 Fori. 109. The husband had such an expectancy as would disqualify him. — Lewis v. Eason, 50 Ala.…
1Opinion of the CourtSayre, J.
Appellant had recovered the land in controversy by a judgment of the circuit court of Shelby, in which Emma Killingsworth and her husband, John T. Killingsworth, were parties defendant. The judgment Avas for mesne profits and costs, also. Thereafter Mrs. Killingsworth filed this bill, alleging a perfect equitable title in herself, and praying that the execution of the judgment at law be perpetually enjoined. Defendant claims in virtue of a deed from the trustee in bankruptcy of John B. Randall. Complainant claims to have purchased the property from Randall, and to have paid the purchase money…
2Cases cited7 opinions
- Alabama Gold Life Insurance v. SledgeSupreme Court of Alabama · 1878
- Oliver v. WilliamsSupreme Court of Alabama · 1909
- Harraway v. HarrawaySupreme Court of Alabama · 1902
- Mizzell v. Southern Railway Co.Supreme Court of Alabama · 1901
- Henderson v. BrunsonSupreme Court of Alabama · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Box v. BoxSupreme Court of Alabama · 1945
- Campbell v. CarlSupreme Court of Alabama · 1981
- Green v. RaySupreme Court of Alabama · 1931