Oakley v. Oakley
Supreme Court of Alabama
Appeal from the Circuit Court of Bibb. Tried before the Hon. Robert Dousherty. This action was brought by Richard H. Oakley against Reuben Oakley, to recover the rent of a tract of land, containing seventeen or eighteen acres, for the year 1853. The plaintiff claimed the land under a conveyance from his father, Armstead Oakley; while the defendant held possession under a contract of rent made with said Armstead.
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Appeal from the Circuit Court of Bibb. Tried before the Hon. Robert Dousherty. This action was brought by Richard H. Oakley against Reuben Oakley, to recover the rent of a tract of land, containing seventeen or eighteen acres, for the year 1853. The plaintiff claimed the land under a conveyance from his father, Armstead Oakley; while the defendant held possession under a contract of rent made with said Armstead. The plaintiff’s deed was dated 19th June, 1851; conveyed a large tract of land, including the portion in controversy, but contained a reservation of a life estate to the- said…
1Opinion of the Court
"WALKER, J.
The plaintiff derived title to the land, the rent of which is in question in this case, from Armstead Oakley, by a conveyance which was not so *134executed by the wife of the grantor as to carry her dower. Although the testimony upon the point is by no means conclusive, we cannot say that there was not evidence conducing to show that Armstead Oakley had his residence, at the time of his death, in the dwelling-house, connected with which there was a plantation, embracing the land occupied by the defendant; consequently, we cannot regard the charges set out below as abstract. Those…
2Cases cited3 opinions
- Doe ex dem. Shelton v. CarrolSupreme Court of Alabama · 1849
- Inge v. MurphySupreme Court of Alabama · 1848
- McLaughlin v. GodwinSupreme Court of Alabama · 1853
3Cited by13 opinions
- City of Atlanta v. Gate City Gas Light Co.Supreme Court of Georgia · 1883
- Naftel v. County of MontgomerySupreme Court of Alabama · 1900
- Reeves v. BrooksSupreme Court of Alabama · 1885
- Stiff v. CobbSupreme Court of Alabama · 1899
- Robinson v. AllisonSupreme Court of Alabama · 1899
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