O'Rear v. Jackson
Supreme Court of Alabama
Appeal from Montgomery Circuit. Court. Tried before Hon. John É. Tyson. The facts are stated in the opinion. — Appellant had the fee simple title to the land sued for. — Wilkins v. Walker, 115 Ala. 590. (1). Exemptions determined by law in force at time of decedent’s death. Dar is r. Davis, 63 Ala. 298; Skinner r. Chapman, 78 Ala. 376. (2). Widow took only life estate. — Kilgore v.. Kilgore, 103 Ala. 614; DeAruumd v. Whittaker, 99 Ala-373; Munchus v. Harris, 69 Ala. 506.
1Opinion of the CourtDowdell, J.
— This is a statutory action of ejectment, commenced by the appellee, plaintiff in the court, below, for the recovery of certain real estate described in the complaint. The plaintiff bases her right of recovery upon a title acquired by descent from her ancestor, one Charles Dugan. The case was tried upon an agreed statement of facts, which is set out in the record. It is shown by this agreed statement that Dugan, the ancestor, died in possession of the land in controversy in June, 1889, leaving surviving him his widow, Martha Dugan, and, as his only heirs at law, Bettie Jackson, the…
2Cases cited4 opinions
- Munchus v. HarrisSupreme Court of Alabama · 1881
- Smith v. BoutwellSupreme Court of Alabama · 1893
- Davis's Adm'rs v. DavisSupreme Court of Alabama · 1879
- Skinner v. ChapmanSupreme Court of Alabama · 1884
3Cited by13 opinions
- Allgood v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1916
- Shiv-Ram, Inc. v. McCalebSupreme Court of Alabama · 2004
- Worthington v. District Court of the Second Judicial DistrictNevada Supreme Court · 1914
- McGregor v. McGregorSupreme Court of Alabama · 1947
- O'Daniel v. GaynorSupreme Court of Alabama · 1907
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