Legal Opinion

Scott v. Colson

Supreme Court of Alabama

Decided June 18, 1908PublishedCited by 9 opinions

Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Ejectment by James L. Coulson and others against Felix Scott and others. From a judgment for plaintiffs, defendants appeal. Plaintiff claimed through a. deed from Isaac Clarke and Atúfe to Jerusha Clarke, of date July 18, 1838, and from Jerusha Clarke, avIjo became Jerusha Gullatt, and her daughter, Juliet Gullatt, who become Juliet Coulson, the mother of the present plaintiff.

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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Ejectment by James L. Coulson and others against Felix Scott and others. From a judgment for plaintiffs, defendants appeal. Plaintiff claimed through a. deed from Isaac Clarke and Atúfe to Jerusha Clarke, of date July 18, 1838, and from Jerusha Clarke, avIjo became Jerusha Gullatt, and her daughter, Juliet Gullatt, who become Juliet Coulson, the mother of the present plaintiff. Proof tended to show that Juliet Coulson died 15 or 16 years prior to the trial of the cause, and that James Gullatt, her father, died June 12, 1906.…

1Opinion of the CourtAnderson, J.

There was proof that Isaac Clarke was in possession of the land at the time he conveyed it to his daughter, Jerusha Clarke, who subsequently married James M. Gullatt. She died leaving one child, the mother of the plaintiffs, and her husband, James M. Gullatt, who died June 14, 1906. The deed from Clarke to his daughter was recorded July 26, 1838. The plaintiff’s therefore made out a prima, facie case. The defendants relied upon a title acquired through Gullatt, who had but a life estate in the land and did not hold the same adversely to the remaindermen, his daughter and her children (these…

2Cases cited3 opinions

  1. Turnipseed v. FitzpatrickSupreme Court of Alabama · 1883
  2. Morris v. Beebe & HenshawSupreme Court of Alabama · 1875
  3. Rogers v. CarrollSupreme Court of Alabama · 1895

3Cited by9 opinions

  1. Wiggins v. Stewart Bros.Supreme Court of Alabama · 1926
  2. Connecticut General Life Ins. Co. v. SmithSupreme Court of Alabama · 1932
  3. Waddle v. FrazierSupreme Court of Missouri · 1912
  4. Jordan v. SissonIndiana Court of Appeals · 1924
  5. Profile Cotton Mills v. Calhoun Water Co.Supreme Court of Alabama · 1920

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