Witter v. Dudley
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before Hon. N. W. Cocke. The original bill in this case was filed on the 15th September, 1860, by Mrs. Mary D. Witter, by her next friend, against John Dudley. The bill was afterwards amended several times. In addition to the facts stated in the opinion of the court, the following are stated as appearing upon the record.
Read the full summary
Appeal from the Chancery Court of Lowndes. Heard before Hon. N. W. Cocke. The original bill in this case was filed on the 15th September, 1860, by Mrs. Mary D. Witter, by her next friend, against John Dudley. The bill was afterwards amended several times. In addition to the facts stated in the opinion of the court, the following are stated as appearing upon the record. In 1837 Erancis Lewis died intestate, in the county of Lowndes, leaving a large estate, real and personal in said county, and a widow and seven sons and daughters, among whom were Hamlin F. Lewis, and complainant, (appellant,)…
1Opinion of the CourtByrd, J.
I. This court has decided that the legal title to the lands in controversy vested in Hamlin F. Lewis, as trustee, under the decree of the chancery court, made in 1848. — Witter v. Dudley, 36 Ala. 135.
II. We do not think that the statute of 1841, (Clay’s Digest, 354, § 57,) which requires decrees of the chancery court vesting title to property in either of the parties in a suit, to be recorded in the office of the clerk of the county court of the county in which real property is situated, makes the vesting of the title dependent on the recording of the decree; but is affected by a failure to…
2Cases cited7 opinions
- Johnson v. ThweattSupreme Court of Alabama · 1851
- Chapman v. GlassellSupreme Court of Alabama · 1848
- Forman v. HuntCourt of Appeals of Kentucky · 1835
- Honore's v. BakewellCourt of Appeals of Kentucky · 1845
- Busey v. HardinCourt of Appeals of Kentucky · 1842
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Truss v. MillerSupreme Court of Alabama · 1897
- Shorter v. FrazerSupreme Court of Alabama · 1879
- Dudley v. WitterSupreme Court of Alabama · 1871
- Thompson v. SheppardSupreme Court of Alabama · 1888
- McCurdy v. KenonSupreme Court of Alabama · 1912
9 more not listed; retrieve them via the Exa API.