McCurdy v. Kenon
Supreme Court of Alabama
Appeal from Lowndes Circuit Court. Heard before Hon. A. E. Gamble. Ejectment by Sallie B. Kenon and others against W. D. McCurdy, and others. Judgment for plaintiffs and defendants appeal.
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Appeal from Lowndes Circuit Court. Heard before Hon. A. E. Gamble. Ejectment by Sallie B. Kenon and others against W. D. McCurdy, and others. Judgment for plaintiffs and defendants appeal. As Dudley’s deed did not pass the title his subsequent death could not give validity to the inoperative deed, and so far as' Witter is concerned the title remained in Dudley just as if the deed had not been executed, and when Dudley died the title descended to his heirs, and when she obtained judgment and on execution sold the property in question to satisfy the execution and purchased the same, it is plain…
1Opinion of the CourtMcCLELLAN, J.
Statutory ejectment by appellees against appellants.
It was agreed that John Dudley, Sr., was the common source of asserted titles. The plaintiffs are children of Joseph B. Dudley. In 1866 John Dudley, Sr., executed a deed to the lands in controversy to Joseph B. Dudley, Bolling Dudley, Sarah Beese, and Julia Dudley (later the wife of W. C. Kirkland). They were *349children of John Dudley, Sr. The intent of the grantor, in this instrument, was to vest in each of these grantees a life estate in the lands described, with remainder to their children. Joseph R. Dudley died in 1909. The recovery given…
2Cases cited12 opinions
- Baucum v. GeorgeSupreme Court of Alabama · 1880
- Coffey v. Norwood & NorwoodSupreme Court of Alabama · 1886
- Dudley v. WitterSupreme Court of Alabama · 1871
- Scott v. WareSupreme Court of Alabama · 1879
- Davis v. SwansonSupreme Court of Alabama · 1875
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Brown v. AndrewsSupreme Court of Alabama · 1972
- Hard v. American Trust & Savings BankSupreme Court of Alabama · 1917
- Dallas Compress Co. v. LiepoldSupreme Court of Alabama · 1921
- Willingham v. LankfordSupreme Court of Alabama · 1952
7 more not listed; retrieve them via the Exa API.