Legal Opinion

Kidd v. Borum

Supreme Court of Alabama

Decided January 16, 1913PublishedCited by 70 opinions

Appeal from Shelby County Court. Heard before Hon. E. S. Lyman. Bill by Lula C. Borum against Douglas W. Kidd and others to quiet title. From a decree for complainant, defendants appeal. The agreed statement of facts is as follows: “That John W. Kidd died in Shelby county, Ala., in 1865 Anno Domino, being at the time of Ms death a resident thereof.

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Appeal from Shelby County Court. Heard before Hon. E. S. Lyman. Bill by Lula C. Borum against Douglas W. Kidd and others to quiet title. From a decree for complainant, defendants appeal. The agreed statement of facts is as follows: “That John W. Kidd died in Shelby county, Ala., in 1865 Anno Domino, being at the time of Ms death a resident thereof. That he was at the time of his death the owner in fee of the lands described in the second paragraph of the amendment to the bill. That the said John W. Kidd left a last will and testament, in which he disposed of said lands. That said last will…

1Opinion of the CourtSayre, J.

In 1911 appellee filed her bill under the statute to settle the title to lands held by her. The cause was submitted on proof of the will of John W. Kidd, back to whom all parties tráce their titles, a certain deed of trust executed by him, and an agreed statement of facts, all which, so far as necessary to an under*156standing of the case, will he set out elsewhere. From the decree defining and settling the respective interests of the parties defendants have taken this appeal.

As will appear, in 1858 John W. Kidd executed and delivered the deed purporting to convey to trustees, upon the trusts…

2Cases cited14 opinions

  1. Matthews v. McDadeSupreme Court of Alabama · 1882
  2. Winters v. PowellSupreme Court of Alabama · 1912
  3. Ashford v. AshfordSupreme Court of Alabama · 1902
  4. Fielder v. ChildsSupreme Court of Alabama · 1883
  5. Johns v. JohnsSupreme Court of Alabama · 1890

9 more not listed; retrieve them via the Exa API.

3Cited by70 opinions

  1. Smith v. CookSupreme Court of Alabama · 1929
  2. Winsett v. WinsettSupreme Court of Alabama · 1919
  3. Fitts v. AlexanderSupreme Court of Alabama · 1965
  4. Grayson v. MuckleroySupreme Court of Alabama · 1929
  5. Betts v. WardSupreme Court of Alabama · 1916

65 more not listed; retrieve them via the Exa API.

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