Wilkins v. Walker
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the Hon.. Thomas R. Roulhac. This was a statutory action of ejectment, brought by the appellees against the appellant, to recover lands specifically described in the complaint. The facts of the case showing how the plaintiffs and the defendants, respectively, claim title to the lands in controversy, are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Colbert. Tried before the Hon.. Thomas R. Roulhac. This was a statutory action of ejectment, brought by the appellees against the appellant, to recover lands specifically described in the complaint. The facts of the case showing how the plaintiffs and the defendants, respectively, claim title to the lands in controversy, are sufficiently stated in the opinion. The cause was tided by the court without the intervention of a jury; and upon the hearing of all the evidence, the court rendered judgment in favor of the plaintiffs. The defendant appeals, and assigns…
1Opinion of the CourtHaralson, J.
1. It is shown that Robert Harris-, a resident of Colbert county in this State, died in 1894, leaving a widow, Betsy Harris, and no children ; and at the time of his death, he owned in this State personal and real property, including the land sued for, which was his homestead, not exceeding the amount exempted to widows and minor ■ child or children, as provided under the laws of the State. It further appears, that proceeding under the act of February 12th, 1887, (Acts of 1886-87, p. 112; Code of 1886, p. 570, note)'the widow of the deceased, there having been no administration on her…
2Cases cited2 opinions
- Smith v. BoutwellSupreme Court of Alabama · 1893
- De Armond v. WhitakerSupreme Court of Alabama · 1892