Fies v. Rosser
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Kate O. Rosser against Engene Fies and others. Decree for complainant, and respondents appeal.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Kate O. Rosser against Engene Fies and others. Decree for complainant, and respondents appeal. The case made by the bill is that Jennie Johns in her lifetime was the owner of certain lands in the county of Jefferson, and that before her death she undertook to execute and deliver deeds.for the same to her husband, L. W. Johns, that L. W. Johns undertook to and did execute and deliver a deed to said property to. Eugene Fies for the consideration expressed therein, and that said Fies executed to Johns a mortgage for…
1Opinion of the CourtAnderson, J.
The bill in this case claims nothing more than a reversionary interest in the property, as it concedes the title of Fies to the life estate of L. W. Johns, the husband of Jennie Johns, which L. W. Johns acquired upon the death of his said wife, and which was conveyed by his -warranty to Fies, notwithstanding the deed from Jennie Johns to her husband, the said L. W. Johns, may be void. The bill seeks, however, to cancel said deed from the mother, Jennie Johns, to L. WV Johns, as a cloud upon the reversionary interest, the cancellation of which is essential to the establishment of any…
2Cases cited9 opinions
- McQueen v. TurnerSupreme Court of Alabama · 1890
- Fitts v. CraddockSupreme Court of Alabama · 1906
- Lansden v. BoneSupreme Court of Alabama · 1890
- Tieman v. BakerTexas Supreme Court · 1885
- Gayle v. JohnstonSupreme Court of Alabama · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Farrell v. Forest Investment Co.Supreme Court of Florida · 1917
- Sandlin v. AndersSupreme Court of Alabama · 1923
- Shrout v. SealeSupreme Court of Alabama · 1971
- Wheat v. WheatSupreme Court of Alabama · 1914
- Clements v. Faulk & Co.Supreme Court of Alabama · 1913
20 more not listed; retrieve them via the Exa API.