Smoot v. Lecatt
Supreme Court of Alabama
Littleton Lecatt declared in the Circuit Court of Mobile county, in an action of trespass to try titles, against Alexander B. Smoot, to recover possession of certain premises in Mobile, called the Mobile Hotel, and damages for the detention. At a subsequent term, Isaac R. Nicholson, on his motion, was made a party defendant, on condition that he offered no evidence to prejudice the title and possession of Smoot.
Read the full summary
Littleton Lecatt declared in the Circuit Court of Mobile county, in an action of trespass to try titles, against Alexander B. Smoot, to recover possession of certain premises in Mobile, called the Mobile Hotel, and damages for the detention. At a subsequent term, Isaac R. Nicholson, on his motion, was made a party defendant, on condition that he offered no evidence to prejudice the title and possession of Smoot. At the February term, 1827, the cause was tried on the plea of not guilty, and a verdict was found for the plaintiff, for the possession, and $1350 damages ; and a writ of habere…
1Opinion of the Court
By JUDGE SAFFOLD.
The first question material to be considered is, whether Ann Lecatt, formerly Ann Surtill, during her widowhood, and at the time of her marriage with L. Lecatt, was seized of an. estate of inheritance in the premises, whereof an estate by the curtesy could be created ? There is no controversy respecting the general definition of an estate by the curtesy. The wife must have been seized of an estate of inheritance; the marriage must have actually taken place; there must have been issue by such marriage capable of inheriting the estate; and death of the wife. Here no question is…
2Cited by16 opinions
- McCreary v. Jackson Lumber Co.Supreme Court of Alabama · 1906
- Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908
- Louisville & Nashville Railroad v. PhilyawSupreme Court of Alabama · 1889
- Ex Parte State Ex Rel. TissierSupreme Court of Alabama · 1925
- Grimball v. PattonSupreme Court of Alabama · 1881
11 more not listed; retrieve them via the Exa API.