Smith v. Cooper
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. JOHN K. Henky. The plaintiffs, Rosanna Smith, James M. Roberts, and others, brought suit against Edna R. Cooper, George M. Craig, and others, defendants, in the Circuit Court of Butler county, to recover the land described in the complaint, as follows : “ The south-west quarter of section thirty-one, township ten, and range fifteen.” The defendants pleaded the general issue.
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Appeal from the Circuit Court of Butler. Tried before the Hon. JOHN K. Henky. The plaintiffs, Rosanna Smith, James M. Roberts, and others, brought suit against Edna R. Cooper, George M. Craig, and others, defendants, in the Circuit Court of Butler county, to recover the land described in the complaint, as follows : “ The south-west quarter of section thirty-one, township ten, and range fifteen.” The defendants pleaded the general issue. On the trial, the plaintiffs introduced a deed executed by James Craig on the seventh day of February, 1848, for and in consideration of the natural love and…
1Opinion of the Court
STONE, J.—
When Mr. Craig executed the deed of gift to his daughter, Mrs. Roberts, February 7th, 1848, she had no child. The habendum of the deed is in the following language: “To have and to hold the said lands and slaves, and to use, possess and enjoy the same to her sole and separate use, benefit and behoof, free from the debts, liabilities and control of her said husband, William A. Roberts, or any future husband she may marry, for and during the term of her natural life : and at the death of said Esther C. [Roberts,] said lands and slaves, together with the natural increase of said…
2Cases cited6 opinions
- Horton v. SledgeSupreme Court of Alabama · 1856
- Lawrence v. BayardNew York Court of Chancery · 1838
- Woolley v. ConstantNew York Supreme Court · 1809
- Lyde v. TaylorSupreme Court of Alabama · 1850
- Jones' Ex'rs v. HoskinsSupreme Court of Alabama · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- Pendley v. Madison's Adm'rSupreme Court of Alabama · 1887
- Wells v. SheererSupreme Court of Alabama · 1884
- Edwards v. BenderSupreme Court of Alabama · 1898
- C. W. Zimmerman Mfg. Co. v. WilsonSupreme Court of Alabama · 1906