Perkins v. Perkins
Supreme Court of Alabama
Appeal from Circuit Court, Marshall County; W. W. Harralson, Judge. Ejectment by Elizabeth Perkins against William B. Perkins. Judgment for the plaintiff, and defendant appeals. The deed was never delivered from appellant to appellee. 65 Ala. 336; 71 Ala. 295; 47 Neb. 399, 66 N. W. 439, 53 Am. St. Rep. 540; 4 J. J. Marsh. (Ky.) 572, 20 Am. Dec. 230; 102 Ala. 274, 14 South. 663, 48 Am. St. Rep. 37; 158 111. 567, 41N. E. 1007, 49 Am.
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Appeal from Circuit Court, Marshall County; W. W. Harralson, Judge. Ejectment by Elizabeth Perkins against William B. Perkins. Judgment for the plaintiff, and defendant appeals. The deed was never delivered from appellant to appellee. 65 Ala. 336; 71 Ala. 295; 47 Neb. 399, 66 N. W. 439, 53 Am. St. Rep. 540; 4 J. J. Marsh. (Ky.) 572, 20 Am. Dec. 230; 102 Ala. 274, 14 South. 663, 48 Am. St. Rep. 37; 158 111. 567, 41N. E. 1007, 49 Am. St. Rep. 176; 106 Mo. 313, 17 S. W. 319, 27 Am. St. Rep. 337; 141 111. 400, 30 N. E. 1041, 33 Am. St. Rep. 326. The deed from appellee was void from fraud. Section…
1Opinion of the CourtMiller, J.
This is an action of ejectment by Elizabeth Perkins against William B. Perkins for possession of 160 acres of land. It was tried by the court without a jury.' There was judgment in favor of plaintiff. The defendant appeals, and assigns this judgment as error.
This land and 40 acres in addition originally belonged to the plaintiff. She and her children after her husband’s death were residing on it. She, fearing pressure from a creditor of her husband, conveyed the 200 acres to the defendant, her youngest son. This was in 1904. The defendant testified the consideration was his agreeing to pay a…
2Cases cited8 opinions
- Finney v. Studebaker Corp. of AmericaSupreme Court of Alabama · 1916
- Thompson v. CollierSupreme Court of Alabama · 1911
- Williams v. HigginsSupreme Court of Alabama · 1881
- Elsberry v. BoykinSupreme Court of Alabama · 1880
- Baird v. HowisonSupreme Court of Alabama · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Duncan v. JohnsonSupreme Court of Alabama · 1976
- Low v. LowSupreme Court of Alabama · 1951
- Hinson v. ByrdSupreme Court of Alabama · 1953
- Williams v. DentSupreme Court of Alabama · 1936
- Moss v. WinstonSupreme Court of Alabama · 1928
10 more not listed; retrieve them via the Exa API.