Deason v. Stone
Supreme Court of Alabama
Appeal from Tuscaloosa Circuit Court. Heard before Hon. S. H. Sprott. Ejectment by Fannie Deason against Steve Stone and another. Judgment for defendant and plaintiff appeals! The deed in this case was executed under and is governed by the statutes of 1812 as found in Clay’s Digest, section 37. The decision in the case of Finley v. Hill, 133 Ala. 229, is based upon the statutes and authorities as they now exist.
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Appeal from Tuscaloosa Circuit Court. Heard before Hon. S. H. Sprott. Ejectment by Fannie Deason against Steve Stone and another. Judgment for defendant and plaintiff appeals! The deed in this case was executed under and is governed by the statutes of 1812 as found in Clay’s Digest, section 37. The decision in the case of Finley v. Hill, 133 Ala. 229, is based upon the statutes and authorities as they now exist. It is, therefore, respectfully submitted that the construction given the deed in that case should not be permitted to stand. A proper construction of the deed will be found in the…
1Opinion of the CourtAnderson, J.
The deed in question was construed in the opinion of the court in the case of Findley v. Hill, 133 Ala. 229, 32 South. 497, and the question involved was again considered in the cases of Findley v. Deason, 135 Ala. 661, 33 South. 1013, and Findley v. Hardy, 135 Ala. 663, 33 South. 1013, and was decided, in these last two cases, by a mere reference to the first ■case. As we understand the meaning given the deed in the opinion, it was that Murchison Findley took a life ■estate, with remainder to his descendents living at the *53time of Ms death, and in default of such descendants .it was to go to…
2Cases cited17 opinions
- May v. RitchieSupreme Court of Alabama · 1880
- Bibb v. BibbSupreme Court of Alabama · 1885
- Hamner v. SmithSupreme Court of Alabama · 1853
- Dunn v. DavisSupreme Court of Alabama · 1847
- McVay's Adm'r v. IjamsSupreme Court of Alabama · 1855
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3Cited by1 opinion
- Wilson v. WardSupreme Court of Alabama · 1931