Owens v. Gachet
Supreme Court of Alabama
Appeal from Circuit Court, Chambers County; S. L. Brewer, Judge. Action of ejectment by William Collins Gachet and others against F. C. Owens. From a judgment for plaintiffs, defendant appeals.
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Appeal from Circuit Court, Chambers County; S. L. Brewer, Judge. Action of ejectment by William Collins Gachet and others against F. C. Owens. From a judgment for plaintiffs, defendant appeals. Plaintiffs must recover on the strength of their own title, and not on the weakness of that of the defendant. 62 Ala. 365; 151 Ala. 482, 44 South. 375; 137 Ala. 278, 34 South. 850;'148 Ala. 247, 41 South. 822 ; 205 Ala. 105, 87 South. 351. A devise to the executor to sell passes the legal title to the executor. 26 Ala. 426 ; 21 Ala. 406; 80 Ala. 589, 2 South. 147; 118 Ala. 273, 24 South. 984, 45 D. R.…
1Opinion of the CourtSayre, J.
Plaintiffs (appellees) brought their statutory action of ejectment and recovered of defendant a certain tract of land in Chambers county. William Collins, the common source of title, died in 1886, seized and possessed of the tract in question along with other lands. One of his children, Lou Hla, married W. N. Gachet and became the mother of plaintiffs. After providing for his widow in the first item of his will, William Collins, by item 4, devised the remainder of his estate, including the tract in controversy, to his children, share and share alike. But by item 2, as to the meaning and…
2Cases cited11 opinions
- Robinson v. PierceSupreme Court of Alabama · 1897
- Thrasher v. IngramSupreme Court of Alabama · 1858
- Roseboom v. MosherNew York Supreme Court · 1846
- Schaffer v. LavrettaSupreme Court of Alabama · 1876
- Gindrat v. Montgomery Gas-Light Co.Supreme Court of Alabama · 1886
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3Cited by2 opinions
- Ex Parte AndersonSupreme Court of Alabama · 1941
- Atkins v. Stacy-Nolan Home Bldg. Co.Supreme Court of Alabama · 1928