Farr v. Perkins
Supreme Court of Alabama
Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Ejectment by Cammie Vera Farr, and others, against • Lemuel Perkins and others. Judgment for defendants and plaintiffs appeal.
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Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Ejectment by Cammie Vera Farr, and others, against • Lemuel Perkins and others. Judgment for defendants and plaintiffs appeal. At the time the deed was made, the husband could not convey the legal title directly to his wife {Maxwell v. Gh-ay, 85 Ala. 577), and if the deed is to be held good as an executory devise (section 3398, Code 1907), then the Avife acquired an equitable separate estate on which may be based the fee simple title of the youngest son, AArho it appears arrived at the age of maturity, but died without…
1Opinion of the CourtSomerville, J.
L. R. Moore, the grandfather of plaintiffs and defendants, executed a deed in the year 1870, conveying the land sued for to his wife, Sarah Moore. The habendum clause of the deed was as follows: “To have and to hold unto said Sarah J. O. Moore, during the term of her natural life, with all the privileges and appurtenances thereto belonging, and at her death all the right, title and property interest therein to vest and descend to our youngest son, John Wheeler Moore, in fee simple. And provided in the event of his death before he arrives at the age of maturity and lawful marriage and before…
2Cases cited10 opinions
- Sharp v. HallSupreme Court of Alabama · 1888
- Horton v. SledgeSupreme Court of Alabama · 1856
- Daniel v. HillSupreme Court of Alabama · 1875
- Newell v. WoodruffSupreme Court of Connecticut · 1862
- Hall v. BurkhamSupreme Court of Alabama · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Crawford v. CarlisleSupreme Court of Alabama · 1921
- Braley v. SpraginsSupreme Court of Alabama · 1930
- Brashier v. BurkettSupreme Court of Alabama · 1977
- Powell v. PearsonSupreme Court of Alabama · 1929
- Arrington v. BrownSupreme Court of Alabama · 1938
11 more not listed; retrieve them via the Exa API.