Abney v. Moore
Supreme Court of Alabama
Appeal from the Circuit Court of Chilton. Tried before the Hon. N. D. Denson. This was a statutory real action in the nature of ejectment, brought by the appellee, P. M. Moore, as the administrator of the estate of William Walker, deceased, against the appellants, the. heirs at law of said William Walker, deceased; and sought to recover certain lands .specifically described in the complaint.
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Appeal from the Circuit Court of Chilton. Tried before the Hon. N. D. Denson. This was a statutory real action in the nature of ejectment, brought by the appellee, P. M. Moore, as the administrator of the estate of William Walker, deceased, against the appellants, the. heirs at law of said William Walker, deceased; and sought to recover certain lands .specifically described in the complaint. The defendants pleaded the general issue, and by special plea that the lands sued for had been conveyed to them by deed from their ancestor, the intestate of plaintiff. Issue being joined on these pleas,…
1Opinion of the CourtHaralson, J.
— The instrument to be construed,— which will be set out in the report of the case, — perfect in form as a conveyance, concludes with the following provision: “Provided always, and it is expressly understood that this conveyance is not to take effect until after my death, and that, at my death, the title to the foregoing described lands ■ are to vest immediately in my said children.” These are the only words employed in the instrument to suggest the idea that it is a will and not a deed.
“In determining whether an instrument be a deed or will, the main question is, Did -the maker intend any…
2Cases cited7 opinions
- Sharp v. HallSupreme Court of Alabama · 1888
- Crocker v. SmithSupreme Court of Alabama · 1891
- Jordan v. Jordan's Adm'rSupreme Court of Alabama · 1880
- Golding v. Golding's Adm'rSupreme Court of Alabama · 1854
- Trawick v. DavisSupreme Court of Alabama · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Hunt v. HuntCourt of Appeals of Kentucky · 1904
- Turner v. MontgomeryTexas Commission of Appeals · 1927
- Shaull v. ShaullSupreme Court of Iowa · 1918
- Eckert v. StewartCourt of Appeals of Texas · 1918
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