Legal Opinion

Waters v. Gadsden-Ala. C. L. Co.

Supreme Court of Alabama

Decided February 6, 1913Published

Appeal from Etowah Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Charity C. Waters and others against the Gadsden-Alabama City Land Company and others to determine interest and for partition. Decree for .respondents, and complainants appeal.

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Appeal from Etowah Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Charity C. Waters and others against the Gadsden-Alabama City Land Company and others to determine interest and for partition. Decree for .respondents, and complainants appeal. The bill is filed by Charity C. Waters, the widow, and J. Forney Waters, a minor child, of John H. Waters, deceased, who died intestate January 26, 1886, owning and occupying as his homestead the 80 acres described in the bill of less value than $1,000, which was all the realty owned by him at the time of his death, and was not situated in…

1Opinion

ON MOTION FOR REHEARING.

In brief and argument submitted with appellant’s application for rehearing, it is insisted that the ruling of this appeal “strikes down a rule of property that has been consistently adhered to by this court for over 20 years, as enunciated and approved in the following-cases: Hodges v. Hodges, 172 Ala. 11 [54 South. 618]; *289Headen v. Headen, 171 Ala. 521 [54 South. 646]; Hall v. Hall, 171 Ala. 618 [55 South. 146]; Dickinson v. Champion, 167 Ala. 613 [52 South. 445]; Sims v. Sims, 165 Ala. 141 [51 South. 731]; Thacker v. Morris, 166 Ala. 395 [52 South. 73]; Faircloth v.…

2Cases cited13 opinions

  1. Tartt v. NegusSupreme Court of Alabama · 1899
  2. Jackson v. WilsonSupreme Court of Alabama · 1897
  3. Brooks v. JohnsSupreme Court of Alabama · 1898
  4. Gamble v. KellumSupreme Court of Alabama · 1892
  5. Headen v. HeadenSupreme Court of Alabama · 1911

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