Kelly v. Deegan
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. William H. Tayloe. The facts of the case are sufficiently stated in the opinion. This . decree was based upon the idea that the purchase-money was substituted in the place of the property from the sale of which it was realized, and' that it must be kept together until the death of the life tenant.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. William H. Tayloe. The facts of the case are sufficiently stated in the opinion. This . decree was based upon the idea that the purchase-money was substituted in the place of the property from the sale of which it was realized, and' that it must be kept together until the death of the life tenant. That this theory is fallacious,’ and that the money can be, and should be, divided between the life tenant and the remaindermen in accordance with the established tables of mortálity, of which our courts take 'judicial notice,…
1Opinion of the CourtBrickell, C. J.
The original bill was filed by the appellee, William Deegan, to obtain a decree of the court of chancery, for the sale of certain real estate situate in the city of Mobile, held by him and one Charles Farley, deceased, as tenants in common, to effect a partition between them. Farley had died, and by his will had devised his undivided half part or interest in the real estate, to the appellant, Annie Kelly, for life, and upon her death, “remainder over in fee, to Right Reverend Jeremiah O’Sullivan, and his successors in the Bishopric of the Diocese of Mobile, in trust for the use and benefit of…
2Cases cited6 opinions
- Thompson v. ThompsonSupreme Court of Alabama · 1894
- Mason v. Pate'sSupreme Court of Alabama · 1859
- Chaney's Heirs v. Chaney's Adm'rSupreme Court of Alabama · 1861
- Deloney v. WalkerSupreme Court of Alabama · 1839
- Williamson v. MasonSupreme Court of Alabama · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Swayne v. Lone Acre Oil Co.Texas Supreme Court · 1905
- State v. SnyderWyoming Supreme Court · 1923
- United States Fidelity & Guaranty Co. v. Benson Hardware Co.Supreme Court of Alabama · 1931
- Crain v. WestCourt of Appeals of Kentucky · 1921
27 more not listed; retrieve them via the Exa API.