Bingham v. Sumner
Supreme Court of Alabama
Appeal from Circuit Court, Greene County; R. I. Jones, Judge. Bill by Martin T. Sumner against Rosemary Bingham, to settle and quiet title to land, and incidentally to construe a will. Prom a decree holding that respondent had no right, title, or interest in said land, respondent appeals. Tile will referred to in the opinion is as follows: In the name of God, Amen.
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Appeal from Circuit Court, Greene County; R. I. Jones, Judge. Bill by Martin T. Sumner against Rosemary Bingham, to settle and quiet title to land, and incidentally to construe a will. Prom a decree holding that respondent had no right, title, or interest in said land, respondent appeals. Tile will referred to in the opinion is as follows: In the name of God, Amen. I, Ada H. Sumner, wife of Martin T. Sumner, and a citizen of Birmingham, Jefferson county, Alabama, but now temporarily residing in Nashville, Tennessee, being of sound mind and disposing memory and mindful of the uncertainty of…
1Opinion of the CourtSayre, J.
This litigation involves the title to valuable lands in the county of Greene. Appellant, Rosemary Bingham, on the one hand, claims ownership in virtue of the statute of descents as heir at law of Ada Hairston Sumner, deceased; on the other, appellee, Martin T. Sumner, surviving husband of Ada Hairston Sumner and father of her children, deceased, claims by inheritance from said children. Ada Hairston Sumner left a last will and testament, and the question at issue more narrowly stated, is whether the children under the law of the will left an inheritable estate in the lands. The report of the…
2Cases cited9 opinions
- Duncan v. De YampertSupreme Court of Alabama · 1913
- Smaw v. YoungSupreme Court of Alabama · 1895
- Travis v. MorrisonSupreme Court of Alabama · 1856
- McLeod v. McDonnelSupreme Court of Alabama · 1844
- Phinizy v. FosterSupreme Court of Alabama · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Frazer v. First Nat. Bank of MobileSupreme Court of Alabama · 1938
- Watters v. First Nat. Bank of MobileSupreme Court of Alabama · 1936
- Powell v. PearsonSupreme Court of Alabama · 1929
- First Nat. Bank v. CashSupreme Court of Alabama · 1929
13 more not listed; retrieve them via the Exa API.