Kidd v. Browne
Supreme Court of Alabama
Appeal from Shelby County Court; E. S. Dyman, Judge. Bill by Cecil Browne against James M. Kidd and others, to quiet title to land. Decree for complainant and respondents appeal. The copy of the will attached as Exhibit A to said answer is as follows: “I, John W. Kidd, of the county of Shelby, state of Alabama, of sound mind and memory, though advanced in age, and mindful of the uncertainty of life, do make and publish this my last will and testament.
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Appeal from Shelby County Court; E. S. Dyman, Judge. Bill by Cecil Browne against James M. Kidd and others, to quiet title to land. Decree for complainant and respondents appeal. The copy of the will attached as Exhibit A to said answer is as follows: “I, John W. Kidd, of the county of Shelby, state of Alabama, of sound mind and memory, though advanced in age, and mindful of the uncertainty of life, do make and publish this my last will and testament. “And, first: I commend my soul to God, who gave it, and my body to the dust, to be buried as my friends may choose, in a Christian way and…
1Opinion of the CourtMayfield, J.
Appellee filed this, his bill to quiet title, as is authorized by statute. Code, §§ 5443-5449. Appellants answered, setting up title or claim to the lands in question through a will and trust deed executed by John AY. Kidd in 1858, by which the testator devised the lands to his wife and his children by her, thereby, creating two estates, one, an estate to his wife and her children during the life of the wife, and one, a remainder in fee to the children after her death. The reporter will set out the will and trust deed.
The will and deed have been heretofore three times before this court for…
2Cases cited20 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Kidd v. BorumSupreme Court of Alabama · 1913
- Harrison v. HeflinSupreme Court of Alabama · 1875
- Matthews v. McDadeSupreme Court of Alabama · 1882
- Semple v. GlennSupreme Court of Alabama · 1890
15 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Spain v. Brown & Williamson Tobacco Corp.Supreme Court of Alabama · 2003
- Kubiszyn v. BradleySupreme Court of Alabama · 1974
- Patterson v. WeaverSupreme Court of Alabama · 1927
- Morris v. YanceySupreme Court of Alabama · 1958
35 more not listed; retrieve them via the Exa API.