Bonner v. Greenlee's Heirs
Supreme Court of Alabama
Writ of error to the Circuit Court of Wilcox county. Action of trespass to try title and recover possession of certain lands. The parties’ plaintiff arc David Greenlee, James D. Davidson and Hannah, his wife, John P. Finley and Mary Jane, his wife, James L. Watson and Sarah, his wife, John F. Green-lee, Martha Greenlee, William Greenlee and Francis Greenlee.
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Writ of error to the Circuit Court of Wilcox county. Action of trespass to try title and recover possession of certain lands. The parties’ plaintiff arc David Greenlee, James D. Davidson and Hannah, his wife, John P. Finley and Mary Jane, his wife, James L. Watson and Sarah, his wife, John F. Green-lee, Martha Greenlee, William Greenlee and Francis Greenlee. The cause was tried upon the general issue and other pleas, and a verdict returned for the plaintiffs, affirming that they were entitled to two undivided third parts of the lands specified, and ascertaining also the damages assessed for…
1Opinion of the CourtGoldthwaite, J.
1. The important question in this case is, that which involves the title by which the defendant held the land in controversy.
In Lightfoot v. Lewis’ heirs, [1 Ala. Rep. 475,] we held, that when the proceedings to subject lands of a deceased person to sale, at the suit of his executor or administrator, are under the act of 1822, [Clay’s Digest, 224, § 16 to 22,] it must appear, not *414only that a final decree was made upon the coming in of the report of the commissioners appointed to conduct the sale, but also, that a conveyance in pursuance of the decree, was necessary to divest the heirs at law…
2Cases cited1 opinion
- Lightfoot v. Doe, on the Demise of the Heirs of LewisSupreme Court of Alabama · 1840
3Cited by10 opinions
- Landford v. DunklinSupreme Court of Alabama · 1882
- Smith v. GayleSupreme Court of Alabama · 1877
- Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
- Van Hoose v. BushSupreme Court of Alabama · 1875
- Doe ex dem. Hamilton v. HardySupreme Court of Alabama · 1875
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