De Armond v. Whitaker
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. This action was brought by James Whitaker and others, the surviving brothers and sisters of Elijah Whitaker, deceased, and the children of his deceased brothers and sisters, suing as his heirs at law, against John DeArmond and David Davis; and sought to recover the possession of a tract of land, which was described in the complaint as “the northeast fourth of the south-west fourth, and the west…
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Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. This action was brought by James Whitaker and others, the surviving brothers and sisters of Elijah Whitaker, deceased, and the children of his deceased brothers and sisters, suing as his heirs at law, against John DeArmond and David Davis; and sought to recover the possession of a tract of land, which was described in the complaint as “the northeast fourth of the south-west fourth, and the west half of the south-east fourth, _ and the south-east fourth of the south-east fourth, and the south half of the north-east…
1Opinion of the CourtHaralson, J.
The petition of the widow for exemption, made a part of the agreement of the parties on which the case was tried, avers that Elijah Whitaker left at his death real and personal property not exceeding the amount exempted io toidoios and minors under the latos of this Slate, following substantially the language of section one of the act of 1884-5, under which the petition purports to have been filed. The number of acres of land exempted to widows at that time, if it did not exceed $2,000 in value, was 160 *255acres; and the commissioners who set aside the exemption in this instance — which they…
2Cases cited1 opinion
- James v. ClarkSupreme Court of Alabama · 1889
3Cited by5 opinions
- Brooks v. JohnsSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. HillSupreme Court of Alabama · 1896
- Kilgore v. KilgoreSupreme Court of Alabama · 1893
- Bailes v. DalySupreme Court of Alabama · 1905
- Wilkins v. WalkerSupreme Court of Alabama · 1896