Thacker v. Morris
Supreme Court of Alabama
Appeal from Chancery Court of Walker County. Heard before Hon. A. H. Benners. Bill by S. N. Morris and others against Huida Thacker and others, to restrain the respondents and their attorneys of record from proceeding with an ejectment suit, and to correct the description of the deed, and declare the complainants the legal and equitable owners of the land. Decree for complainants, and respondents appeal.
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Appeal from Chancery Court of Walker County. Heard before Hon. A. H. Benners. Bill by S. N. Morris and others against Huida Thacker and others, to restrain the respondents and their attorneys of record from proceeding with an ejectment suit, and to correct the description of the deed, and declare the complainants the legal and equitable owners of the land. Decree for complainants, and respondents appeal. The facts made by the bill are that the lands were once the property of Beril Earnest, who, with his wife, conveyed them to Carrington. Carrington conveyed to Kilgore, and Kilgore a part of…
1Opinion of the CourtSayre, J.
The pivotal question in this case is whether upon the death of Beril Earnest, in whom title *399was, his title’ to the land in controversy vested in his widow absolutely by virtue of statutory provisions relating to homestead exemptions, or descended to his-children, then adults, in virtue of the statute of descents. The land was less in area than 160 ■ acres, and less in value than $2,000. Earnest owned a life estate-in an adjoining tract, and upon that was located the dwelling or' home place which he occupied for many years before his death and where his widow lived subsequently. The two tracts…
2Cases cited7 opinions
- Tartt v. NegusSupreme Court of Alabama · 1899
- Jackson v. WilsonSupreme Court of Alabama · 1897
- Faircloth v. CarrollSupreme Court of Alabama · 1902
- Brooks v. JohnsSupreme Court of Alabama · 1898
- Gamble v. KellumSupreme Court of Alabama · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hogan v. ScottSupreme Court of Alabama · 1914
- Fuller v. American Supply Co.Supreme Court of Alabama · 1914
- Headen v. HeadenSupreme Court of Alabama · 1911
- Lester v. StroudSupreme Court of Alabama · 1925
- Jones v. StokesSupreme Court of Alabama · 1912
7 more not listed; retrieve them via the Exa API.