Legal Opinion

Walthall v. Goree

Supreme Court of Alabama

Decided June 15, 1860PublishedCited by 23 opinions

Appeal from the Circuit Court of Greene. Tried before tbe Hon. A. A. Coleman. This action was brought by Caroline N. Goree, an infant suing by her next friend, against Leonidas N. Walthall, to recover the possession of a certain tract of land, which was particularly described in the complaint.

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Appeal from the Circuit Court of Greene. Tried before tbe Hon. A. A. Coleman. This action was brought by Caroline N. Goree, an infant suing by her next friend, against Leonidas N. Walthall, to recover the possession of a certain tract of land, which was particularly described in the complaint. The plaintiff was the sole child and heir-at-law of Mrs. Caroline M. Goree, deceased, who, at the time of her death, was the wife of Robert T. Goree; while the defendant held the possession of the land as the administrator of said Robert T. Goree. Mrs. Goree was the daughter of John Nelson, who died on…

1Opinion of the CourtR. W. Walker, J.

According to the common law, a conveyance to husband and wife stands upon a footing, and has an effect, entirely different from a conveyance in the same words to any other two individuals. Under a ,‘onveyance to husband and wife during the coverture, hey take neither as joint tenants, nor as tenants in common, but their interest is denominated a tenancy by entireties. They do not take by moieties — the whole estate vests in both of them as one person; each is seized of the entirety, per tout, not per my; and on the death of either, the entire estate continues in the survivor. — 1 Cruise’s…

2Cases cited9 opinions

  1. Stevens v. StevensNew York Supreme Court · 1819
  2. Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
  3. Center v. P. & M. BankSupreme Court of Alabama · 1853
  4. Johnson v. HartSupreme Court of Pennsylvania · 1843
  5. Pollard v. MerrillSupreme Court of Alabama · 1849

4 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Nunn v. KeithSupreme Court of Alabama · 1972
  2. Bernhard v. BernhardSupreme Court of Alabama · 1965
  3. Whitlow v. EcholsSupreme Court of Alabama · 1884
  4. Holt v. WilsonSupreme Court of Alabama · 1883
  5. Sloan v. FrothinghamSupreme Court of Alabama · 1882

18 more not listed; retrieve them via the Exa API.

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