Mays v. Burleson
Supreme Court of Alabama
Appeal from Marion Circuit Court. Heard before Hon. Tkavis Williams, Special Judge- Ejectment by Martha E. Mays against J. D. Burleson. Judgment for defendant, and plaintiff appeals. It appears that the land involved in this suit ivas owned by Seth Bottoms, and that both parties trace title back to him.
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Appeal from Marion Circuit Court. Heard before Hon. Tkavis Williams, Special Judge- Ejectment by Martha E. Mays against J. D. Burleson. Judgment for defendant, and plaintiff appeals. It appears that the land involved in this suit ivas owned by Seth Bottoms, and that both parties trace title back to him. Seth Bottoms was the father of plain' tiff, and died on the 25th day of June, 1904, leaving three children, Martha E. Mays, the plaintiff, Prudence E'. Frederick, and Thomas Bottoms. Seth Bottoms made a will, and after making the will executed a deed to Martha E. Mays, conveying the land…
1Opinion of the CourtAnderson, J.
“Whether an instrument is testamentary, or a conveyance operating to create estates and rights upon its execution, is often a question of *400great difficulty. When it can have no effect as a deed, the court is- inclined to regard it as - a will, if in that character effect can be given to the evident intention of the maker. The controlling question is whether the maker intended that an estate or interest should vest before his death. If such be the intention, and the instrument can reasonably thus operate, it will be upheld as a deed. While the estate conveyed must vest upon the execution of the…
2Cases cited4 opinions
- Jordan v. Jordan's Adm'rSupreme Court of Alabama · 1880
- Craven v. WinterSupreme Court of Iowa · 1874
- Trawick v. DavisSupreme Court of Alabama · 1888
- Hall v. BurkhamSupreme Court of Alabama · 1877
3Cited by13 opinions
- Graves v. WheelerSupreme Court of Alabama · 1913
- Burleson v. MaysSupreme Court of Alabama · 1914
- North v. NorthCourt of Appeals of Texas · 1927
- Phillips v. PhillipsSupreme Court of Alabama · 1914
- Estate of MurphySupreme Court of Florida · 1976
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