Hall v. Condon
Supreme Court of Alabama
Appeal from Elmore Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Joseph Condon and others against George D. Hall, and others, for the partition of land: Judgment overruling demurrer to the bill and respondent appeals. The life estate is impossible under a parol agreement. — 16 Cyc. 616. It cannot be created by a parol agreement.— Authorities supra.
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Appeal from Elmore Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Joseph Condon and others against George D. Hall, and others, for the partition of land: Judgment overruling demurrer to the bill and respondent appeals. The life estate is impossible under a parol agreement. — 16 Cyc. 616. It cannot be created by a parol agreement.— Authorities supra. The bill did not sufficiently describe the complainants their right and title to the land or their right to maintain the suit. — 3 Port. 352; 25 Ala. 285; 36 Ala. 594; 56 Ala. 260; Moore v. Lee, 105 Ala. 436; 5 A. & E. Ency. of Law,…
1Opinion of the CourtMayfield, J.
The bill in this case primarily seeks a sale of lands for division among tenants in common, under Code provisions (Code 1907, § 5231, 5232),. and incidentally to correct or cancel instruments as a cloud on title. The bill avers that one Bolling Hall sold the land in question in the year 1856 to Mary B. Hall, selling a life estate to her, with remainder to her children ; .that Mary B. Hall went into possession under this sale, and held it until 1883, when Bolling Hall executed a deed to her, conveying to her, strictly in accordance with the terms of the original sale. A copy of this deed is…
2Cases cited12 opinions
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- Smaw v. YoungSupreme Court of Alabama · 1895
- Fitts v. CraddockSupreme Court of Alabama · 1906
- Hillens v. BrinsfieldSupreme Court of Alabama · 1895
- Brown v. HunterSupreme Court of Alabama · 1898
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Kidd v. BorumSupreme Court of Alabama · 1913
- Winters v. PowellSupreme Court of Alabama · 1912
- Dallas Compress Co. v. SmithSupreme Court of Alabama · 1914
- Gibson v. GainesSupreme Court of Alabama · 1916
- Huey v. BrockSupreme Court of Alabama · 1921
11 more not listed; retrieve them via the Exa API.