Fox v. Storrs
Supreme Court of Alabama
Appeal from Shelby Circuit Court. Tried before Hon. S. Ií. Spiíott. This was a statutory real action in the nature of ejectment, brought by John S. Storrs and three others against Herman Fox, and was commenced on 3rd September, 1881. The cause was tried on issue joined on the plea of not guilty, the trial resulting in a verdict and judgment in favor of the plaintiffs for “ four-fifths” of the premises sued for.
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Appeal from Shelby Circuit Court. Tried before Hon. S. Ií. Spiíott. This was a statutory real action in the nature of ejectment, brought by John S. Storrs and three others against Herman Fox, and was commenced on 3rd September, 1881. The cause was tried on issue joined on the plea of not guilty, the trial resulting in a verdict and judgment in favor of the plaintiffs for “ four-fifths” of the premises sued for. As shown by the evidence, John S. Storrs departed this life in 1862, seized and possessed of the land in controversy, and leaving him surviving the plaintiffs, his only children, and…
1Opinion of the Court
BRICKELL, C. J.-
It is plain, and has not been controverted, that by the will of the testator, John S. Storrs, there is conferred upon his widow a general, discretionary power to sell all or any part of his estate. The primary question is, whether this power was continuing, or whether it had expired at the time of the sale and conveyance under which the defendant deduced title to the premises in controversy. The purposes for which the power was to be executed are not specially appointed in the will; neither the payment of the debts of the testator, nor the support of his wife and children, nor…
2Cited by4 opinions
- Sinclair v. GunzenhauserIndiana Supreme Court · 1912
- Seeberg v. NorvilleSupreme Court of Alabama · 1920
- Christian v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1890
- Cherry v. RichardsonSupreme Court of Alabama · 1897