Baker v. Prewitt
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This action was brought by Benjamin J. Baker and others, claiming as heirs at law of Mrs. Martha Maria Jones (after-wards Washington), to recover the possession of a tract of land in said county, containing 320 acres, with damages for its detention; and was commenced on the 16th November, 1871. The action was brought against Campbell Green, tenant in possession; but, by consent, Mrs. Josephine…
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Appeal from the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This action was brought by Benjamin J. Baker and others, claiming as heirs at law of Mrs. Martha Maria Jones (after-wards Washington), to recover the possession of a tract of land in said county, containing 320 acres, with damages for its detention; and was commenced on the 16th November, 1871. The action was brought against Campbell Green, tenant in possession; but, by consent, Mrs. Josephine Prewitt was made a defendant, and defended for 204 acres of the land. The defendant pleaded not guilty, and the statutes of…
1Opinion of the CourtStone, J.
There is no controversy in the present case about the facts. Under the will of Benjamin B. Jones, who died in 1830, his widow, Martha Maria Jones, became entitled in fee to an undivided third part of his real estate, when, in 1834, she intermarried with Augustine B. "Washington. There was issue of this second marriage born alive, and thus Washington became the owner of a life-estate in the lands of his wife, as tenant by curtesy. Mrs. Washington died in 1847, and Mr. Washington in 1865. The present action for the recovery of the possession of the land was brought in 1871 by the next of kin of…
2Cases cited12 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Goodwyn v. BaldwinSupreme Court of Alabama · 1877
- Rhodes v. TurnerSupreme Court of Alabama · 1852
- Philippi v. PhilippiSupreme Court of Alabama · 1878
- Walthall v. GoreeSupreme Court of Alabama · 1860
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
- Matthews v. McDadeSupreme Court of Alabama · 1882
- Kidd v. BrowneSupreme Court of Alabama · 1917
- Scott v. ScottSupreme Court of Alabama · 1918
- Duncan v. JohnsonSupreme Court of Alabama · 1976
8 more not listed; retrieve them via the Exa API.