Williams v. Woodruff
Supreme Court of Alabama
Appeal from tlie Circuit Court'of Lawrence. Tried before the Hon. Osceola Kyle. This was a statutory action of ejectment, brought hy the appellees against the appellant, W. M. Woodruff, to recover certain lands specifically described in the complaint.
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Appeal from tlie Circuit Court'of Lawrence. Tried before the Hon. Osceola Kyle. This was a statutory action of ejectment, brought hy the appellees against the appellant, W. M. Woodruff, to recover certain lands specifically described in the complaint. Tlie .plaintiffs relied for recovery upon a deed executed hy their ancestor, John McVay, and his wife, Nancy McVay, to Lancaster C. McVay, their son, which was executed on June 2, 1837. By this' deed the said John McVay and his wife conveyed the lands involved in this controversy to said Lancaster C. McVay, as recited in said deed, “to have and…
1Opinion of the CourtTyson, J.
Action of ejectment. By the terms of the deed under and hv virtue of which the plaintiffs claim title to the land in controversy, a life estate is expressly reserved to the grantors, and whatever of estate was conveyed to the grantees its enjoyment- was postponed until after the death of each of the grantors. The agreed facts do not show that this life estate has terminated. In other words, it is not shown that both of the grantors are dead. If they are living, and in the absence of evidence .showing their death the presumption is that they are, the plaintiffs have shown no right to the…
2Cited by2 opinions
- Smith v. BachusSupreme Court of Alabama · 1915
- Allumns v. AllumnsSupreme Court of Alabama · 1922