McEvoy v. Leonard
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before tbe Hon. Thos. W. Coleman. The bill in this ease was filed on the 31st August, 1889, by Mrs. M. E. McEvoy and Mrs. Jane Serda, married women, children and beirs at law of Cbristopber J. Leonard and bis wife, Mrs. Ellen Leonard, against their six brothers and sisters, William Leonard and others; and sought to establish their rights, as tenants in common with the defendants, in and to two parcels or small tracts of land in…
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Appeal from the Chancery Court of Mobile. Heard before tbe Hon. Thos. W. Coleman. The bill in this ease was filed on the 31st August, 1889, by Mrs. M. E. McEvoy and Mrs. Jane Serda, married women, children and beirs at law of Cbristopber J. Leonard and bis wife, Mrs. Ellen Leonard, against their six brothers and sisters, William Leonard and others; and sought to establish their rights, as tenants in common with the defendants, in and to two parcels or small tracts of land in the city of'Mobile, wbicb had belonged to said Christopher J. Leonard, and of wbicb it was alleged he had died seized…
1Opinion of the CourtStone, C. J.
On June 3, 1869, Christopher J. Leonard conveyed two lots in the city of Mobile, and the houses upon them, to Patrick Kain, as trustee, for the sole use and benefit of Ellen Leonard, wife of said Christopher J. If the facts averred in the bill be true, and if the law applicable to the averred facts be as contended for, then Christopher J. Leonard died the legal owner of each of said lots; the residence, or homestead lot, never having passed out of him, by reason of the insufficient execution of the deed to convey the homestead; and the other lot, by reason of Christopher J.’s repurchase of it…
2Cited by17 opinions
- McQueen v. TurnerSupreme Court of Alabama · 1890
- Bullock v. KnoxSupreme Court of Alabama · 1892
- Ex Parte WalterSupreme Court of Alabama · 1918
- Smith v. WitcherSupreme Court of Alabama · 1912
- Wood v. BarnettSupreme Court of Alabama · 1922
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