Hinton v. Fanner
Supreme Court of Alabama
Ejectment. Appeal from Tuscaloosa. County Court. ' Heard before Hon. Ormond Sommerville, Special Judge. Ejectment by William W. Farmer and others against Mary J. Hinton and others. From a judgment for plaintiffs, defendants jointly appeal. Affirmed. Mary Hinton disclaimed possession of certain portions of the land, which disclaimer was confessed, and issue was joined on a plea of not guilty as to the other part of the land.
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Ejectment. Appeal from Tuscaloosa. County Court. ' Heard before Hon. Ormond Sommerville, Special Judge. Ejectment by William W. Farmer and others against Mary J. Hinton and others. From a judgment for plaintiffs, defendants jointly appeal. Affirmed. Mary Hinton disclaimed possession of certain portions of the land, which disclaimer was confessed, and issue was joined on a plea of not guilty as to the other part of the land. The plaintiffs are the heirs at law of ■one Elizabeth Hall, while the defendants claimed title by a conveyance from William T. Hinton, made in his lifetime, to Mary J.…
1Opinion of the CourtTyson, C. J.
— We entertain the opinion that the deed from Ezekiel Anders, Jr., to Ezekiel Wright, trustee for Elizabeth Hall, conferred no title upon Wright *213to the lands conveyed by it, but that the legal title to them passed under it into the beneficiary named in it, Mrs. Hall. — Section 1027 of the code of 1896, and authorities cited under it. There was, therefore, no error-in admitting it in evidence.
Under the undisputed evidence it cannot be doubted that the plaintiffs, who are the only heirs at law of Elizabeth Hall, deceased, are entitle to recover, unless the defendant’s deceased husband acquired…
2Cases cited3 opinions
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Stiff v. CobbSupreme Court of Alabama · 1899
- Edwards v. BenderSupreme Court of Alabama · 1898
3Cited by11 opinions
- Street v. PittsSupreme Court of Alabama · 1939
- Kidd v. CruseSupreme Court of Alabama · 1917
- Cramton v. RutledgeSupreme Court of Alabama · 1908
- Stealey v. LyonsWest Virginia Supreme Court · 1946
- Beason v. BowlinSupreme Court of Alabama · 1962
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