Brewton v. Watson
Supreme Court of Alabama
Statutory Real Action. Appeal from Calhoun Circuit Court. Tried before Hon. W. L. Whitlock. This was a statutory real action in the nature of ejectment, brought by C. W. Brewton as administrator de bonis non of the estate of Mrs. E. A. Browning, deceased, against'Mrs. Susan C. Watson, Robert Adams, and Clark A. Ledbetter, to recover a tract of land in Calhoun county, Alabama.
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Statutory Real Action. Appeal from Calhoun Circuit Court. Tried before Hon. W. L. Whitlock. This was a statutory real action in the nature of ejectment, brought by C. W. Brewton as administrator de bonis non of the estate of Mrs. E. A. Browning, deceased, against'Mrs. Susan C. Watson, Robert Adams, and Clark A. Ledbetter, to recover a tract of land in Calhoun county, Alabama. The suit was begun on November 2, 187o' and oh the trial it was proved that Mrs. E. A. Browning had been in possession of the lands sued for for thirty-five years, cultivating and exercising acts of ownership over it…
1Opinion of the CourtBrickell, C. J.
— The important question of the cáse, which alone we deem it necessary to consider, is as to the character and operation of the instrument under which the appellées deduced title to the premises in controversy. If, as is insisted, it is a deed deriving operation from the statute of uses, it is not an objection to its validity that the estate of the grantee was not to arise and vest until the death of the grantor. In conveyances deriving their operation from the statute of uses, freehold estates may be made to commence in futuro; a fee may be limited on a fee, or an estate may be limited to…
2Cases cited5 opinions
- Horton v. SledgeSupreme Court of Alabama · 1856
- Chapman v. GlassellSupreme Court of Alabama · 1848
- Simmons v. AugustinSupreme Court of Alabama · 1836
- McKinney v. SettlesSupreme Court of Missouri · 1862
- Love v. CrookSupreme Court of Alabama · 1855
3Cited by9 opinions
- Carman v. AthearnCalifornia Court of Appeal · 1947
- Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
- Webb v. MullinsSupreme Court of Alabama · 1884
- Freudenberger Oil Co. v. SimmonsWest Virginia Supreme Court · 1914
- Long v. HoldenSupreme Court of Alabama · 1927
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