Smith v. Smith
Supreme Court of Alabama
Appeal from Marengo Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Georgia Smith for partition of land, to which Evelyn Hatch Smith and others were made parties respondent. Prom a decree for complainants, respondents appeal.
1Opinion of the CourtMcCLELLAN, J.
— The only question presented on this appeal is one of construction of the will and codicils thereto of Mrs. Bocock. This identical question was passed upon on former appeal, and the views and decision of the court announced in Smith v. Smith. 139 Ala. 406, 36 South. 616. A careful reconsideration of the matter leads to the conclusion that the former decision was well rendered, and on that authority the decree appealed from is affirmed.
Affirmed.
*81Tyson, O. J., and Haralson and Dowdell, JJ., concur. Simpson, Anderson, and Denson JJ., dissent. ANDERSON, J.
— I cannot agree to an affirmance of this…
2Cases cited17 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Downing v. . MarshallNew York Court of Appeals · 1861
- Croxall v. ShererdSupreme Court of the United States · 1867
- Norris v. . BeyeaNew York Court of Appeals · 1855
- Wager v. . WagerNew York Court of Appeals · 1884
12 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Ralls v. JohnsonSupreme Court of Alabama · 1917
- Fowlkes v. ClaySupreme Court of Alabama · 1921
- Castleberry v. StringerSupreme Court of Alabama · 1912
- Montgomery v. WilsonSupreme Court of Alabama · 1913
- Burleson v. MaysSupreme Court of Alabama · 1914
33 more not listed; retrieve them via the Exa API.