Johnson v. Kyser
Supreme Court of Alabama
Appeal from the Circuit Court of Conecuh. Tried before the Hon. J. W. Foster. This action Asms brought by the appellee, Harriet S. Kyser,' as executrix of the last will' and testament of William J. Kyser, deceased, against the appellants, to' recoArer 120 acres of land specifically described in the complaint. The defendants AArere the heirs of Bryant Johnson, deceased.
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Appeal from the Circuit Court of Conecuh. Tried before the Hon. J. W. Foster. This action Asms brought by the appellee, Harriet S. Kyser,' as executrix of the last will' and testament of William J. Kyser, deceased, against the appellants, to' recoArer 120 acres of land specifically described in the complaint. The defendants AArere the heirs of Bryant Johnson, deceased. The trial was had upon the plea of the general issue. -The plaintiff introduced in evidence the following letlers'testamentary, which were dated November 20, Í893, and signed “Robert A. Lee, Judge of Probate”: “The State of…
1Opinion of the CourtTyson, J.
This was an action of ejectment brought by the plaintiff,- as executrix- of William J. Kyser, deceased, to recover possession of a certain tract of land described in the complaint. It appears from the recital in the letters testamentary panted to the plaintiff as executrix of the last will add testament of William J. Kyser, by the probate court of Conecuh county, introduced in evidence, that her testator’s will had been duly probated in Santa Rosa county, Florida, and that she had complied with the requirements of the law and *313was authorized to take upon herself the execution of said will. The…
2Cases cited5 opinions
- Lee's Adm'r v. DowneySupreme Court of Alabama · 1880
- Stovall v. ClaySupreme Court of Alabama · 1895
- Hatchett v. BerneySupreme Court of Alabama · 1880
- Berlin v. Sheffield Coal, Iron & Steel Co.Supreme Court of Alabama · 1899
- Cloud v. Golightly's adm'rSupreme Court of Alabama · 1843
3Cited by3 opinions
- Alabama Co. v. BrownSupreme Court of Alabama · 1921
- Campbell v. HughesSupreme Court of Alabama · 1907
- Peek v. HaardtSupreme Court of Alabama · 1937