Rucker v. Jackson
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. Thomas L. Sowell. Bill by Ellen Jackson and others against E. W. Rucker, to quiet title as to lands. Decree for compainants and respondent appeals. Grandparents inherit to the exclusion of uncles and aunts. — Phillips v. Petite, 35 Ala. 696; Cox v. Clark, 93 Ala. 404; 14 Cyc. 48. Ellen Jackson was not shown to have been married and the presumption is that she continued in a state of celibacy. — 14 Atl. 600; 3 Mo.
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Appeal from Walker Law and Equity Court. Heard before Hon. Thomas L. Sowell. Bill by Ellen Jackson and others against E. W. Rucker, to quiet title as to lands. Decree for compainants and respondent appeals. Grandparents inherit to the exclusion of uncles and aunts. — Phillips v. Petite, 35 Ala. 696; Cox v. Clark, 93 Ala. 404; 14 Cyc. 48. Ellen Jackson was not shown to have been married and the presumption is that she continued in a state of celibacy. — 14 Atl. 600; 3 Mo. App. 336; 22 A. & E. Enc’y of Law, 1285. The presumption is also that she died without issue. — 82 N. E. 75; 22 A. &…
1Opinion of the CourtSanee, J.
Appellees filed the bill in this case under the statute to settle land titles. They describe themselves as the widow, children, and heirs at law of Jonathan Jackson, deceased, under whom they claim, and so they are. Jonathan Jackson was a brother of David Jackson, who had got a patent to the land in question from the government of the United States in 1860. Defendant in his answer claimed only the minerals upon and under the land by virtue of a deed from P. M. Long, who had a deed from Martha Douglas, both executed in the interval between the filings, respectively, of the bill and answer, and…
2Cases cited5 opinions
- Sloss-Sheffield S. & I. Co. v. LollarSupreme Court of Alabama · 1910
- Etowah Mining Co. v. Doe ex dem. CarlisleSupreme Court of Alabama · 1900
- Hoyle v. MannSupreme Court of Alabama · 1905
- Phillips v. PeteetSupreme Court of Alabama · 1860
- Cox v. ClarkSupreme Court of Alabama · 1890
3Cited by25 opinions
- Grayson v. MuckleroySupreme Court of Alabama · 1929
- Odom v. AverettSupreme Court of Alabama · 1946
- Tensaw Land & Timber Co. v. RiversSupreme Court of Alabama · 1943
- Stewart v. ChildressSupreme Court of Alabama · 1959
- Green v. MarlinSupreme Court of Alabama · 1929
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