Howze v. Dew
Supreme Court of Alabama
Appeal from tlie Circuit Court of Perry. Tried before Hon. John Moore. This action was brought by Mrs. Amanda C. Dew against John Howze and others, to recover the possession of a tract of land containing 160 acres, which was particularly described in the complaint, with damages for its detention; and was commenced on the 24th February, 1887. The plaintiff was formerly the wife of Wm.
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Appeal from tlie Circuit Court of Perry. Tried before Hon. John Moore. This action was brought by Mrs. Amanda C. Dew against John Howze and others, to recover the possession of a tract of land containing 160 acres, which was particularly described in the complaint, with damages for its detention; and was commenced on the 24th February, 1887. The plaintiff was formerly the wife of Wm. M. Phillips, who died in said county, in October, 1881; and she claimed the land as devisee under his will, which was duly admitted to probate soon after his death. Wm. M. Phillips was one of seven surviving…
1Opinion of the CourtMcOLELLAN, J.
Wm. S. Phillips died in 1872, owning sundry parcels of land in Dallas county, and one tract of three hundred and twenty acres situated in Perry county. ITe left surviving him seven children, to whom all of his lands in both, counties descended as tenants in common. William M. Phillips, one of the co-tenants, while residing on the Perry county tract of laud, on January 20,1874, executed a mortgage to appellant ITowze, the granting clause of which, so far as it concerns the property involved here, is in the following language: *181“We clo hereby grant, bargain, sell and convey to the said John…
2Cases cited19 opinions
- Gates v. SalmonCalifornia Supreme Court · 1868
- Stark v. BarrettCalifornia Supreme Court · 1860
- Loomis v. RileyIllinois Supreme Court · 1860
- City of Eufaula v. SimmonsSupreme Court of Alabama · 1888
- Johnston & Seats v. Smith's Adm'rSupreme Court of Alabama · 1881
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3Cited by15 opinions
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Gilb v. O'NeillSupreme Court of Alabama · 1932
- Ellis v. StickneySupreme Court of Alabama · 1949
- Hayden v. SmithSupreme Court of Alabama · 1927
- Markstein v. SchilleciSupreme Court of Alabama · 1952
10 more not listed; retrieve them via the Exa API.