Thorington v. Hall
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. This was a statutory action of ejectment, brought • by the appellants, J. Winter Thorington, Bessie M. Thorington and Jack Thorington, against the appellee, Bolling Hall, and sought to recover possession of an undivided one-third interest in certain specifically described lands. Issue was joined on the plea of not guilty.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. This was a statutory action of ejectment, brought • by the appellants, J. Winter Thorington, Bessie M. Thorington and Jack Thorington, against the appellee, Bolling Hall, and sought to recover possession of an undivided one-third interest in certain specifically described lands. Issue was joined on the plea of not guilty. The cause was tried by the court on an agreed statement of facts, which was, so far as is necessary to an understanding of this appeal, as follows : Jack Thorington, Sr., ancestor of the…
1Opinion of the CourtMcCLELLAN, J.
Under the will of Jack Thorington, ■Sr., his sons, Robert D., Jack and William S., each took *330a vested remainder in the land involved in this case subject to divestiture as-to any one of them by his death before the falling in of preceding estate in Mrs. Thorington, and as to all of them, by the exercise in the prescribed manner of the power of appointment conferred upon her by said will, and subject also to open and let in Mrs. Thorington,in the event she should marry again; or, it may be, subject to divestiture as to one-fourth part of the estate by her marriage, whereon there was to be a…
2Cases cited2 opinions
- Smaw v. YoungSupreme Court of Alabama · 1895
- Collins v. ToomerSupreme Court of Alabama · 1881
3Cited by10 opinions
- Braley v. SpraginsSupreme Court of Alabama · 1930
- Hall v. CondonSupreme Court of Alabama · 1909
- Mastin v. FIRST NATIONAL BANK OF MOBILE, ETC.Supreme Court of Alabama · 1965
- Reynolds v. LoveSupreme Court of Alabama · 1915
- Rice v. ParkSupreme Court of Alabama · 1931
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