Gay v. Fleming
Supreme Court of Alabama
Appear from Clarke Circuit Court. Heard before Hou. W. J. Young, Special Judge. Ejectment by Annie Roberts Gay against Buck Fleming and others. Judgment for defendants, and plaintiff appeals. The parties to the suit claim from a common source, John W. Gay, the plaintiff as a daughter and heir of said Gay, and the defendants through a mortgage executed and delivered by the said John W. Gay to H: J. Savage, and mesne conveyances from Savage to defendant.
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Appear from Clarke Circuit Court. Heard before Hou. W. J. Young, Special Judge. Ejectment by Annie Roberts Gay against Buck Fleming and others. Judgment for defendants, and plaintiff appeals. The parties to the suit claim from a common source, John W. Gay, the plaintiff as a daughter and heir of said Gay, and the defendants through a mortgage executed and delivered by the said John W. Gay to H: J. Savage, and mesne conveyances from Savage to defendant. There was evidence tending to show that at the time of the execution of the mortgage Gay’s wife was living, and that they resided npon the…
1Opinion of the CourtAnderson, J.
As Ave Anew this, case there is but one controvertible question to submit to the jury. If the plaintiff’s father, a married man, lived on the land when he made the mortgage to H. J. Savage, it was a nullity as to the 160 acres iioav claimed as the homestead, and no subsequent abandonment of the said home*514steacl imparted validity to the mortgage as a conveyance of same, and, unless the defendants acquired title by adverse possession, the plaintiff was entitled to recover, and the record fails to disclose 10 years continuous adverse possession.
On the other hand, if the land was not the homestead…
2Cases cited6 opinions
- Goodwyn v. BaldwinSupreme Court of Alabama · 1877
- Alford v. Lehman, Durr & Co.Supreme Court of Alabama · 1884
- Bailey v. ButlerSupreme Court of Alabama · 1902
- Marks, Rothenberg & Co. v. WilsonSupreme Court of Alabama · 1896
- Henderson v. KirklandSupreme Court of Alabama · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Walker v. ColeySupreme Court of Alabama · 1956
- Spencer v. HurdSupreme Court of Alabama · 1918
- Case v. Conservation & Land Co.Supreme Court of Alabama · 1951
- McCullough v. McCulloughSupreme Court of Alabama · 1945
- Wilkerson v. SorsbySupreme Court of Alabama · 1922
4 more not listed; retrieve them via the Exa API.