Legal Opinion

McMichael v. Craig

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 15 opinions

Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy F. Box. This was a statutory action of ejectment instituted on July 14, 1892, by the appellants against the appellees; and was brought to recover a 40 acre tract of land specifically described in the complaint, which was devised to the plaintiffs by their father, William McMichael, subject to a life estate in said lands devised to the plaintiffs’ mother, Biddy McMichael.

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Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy F. Box. This was a statutory action of ejectment instituted on July 14, 1892, by the appellants against the appellees; and was brought to recover a 40 acre tract of land specifically described in the complaint, which was devised to the plaintiffs by their father, William McMichael, subject to a life estate in said lands devised to the plaintiffs’ mother, Biddy McMichael. The defendants interposed the following pleas, upon which issue was joined: “1st. They are not guilty of the matters and things alleged in said complaint.…

1Opinion of the CourtMcOLELLAN, J.

McMichael and another were plaintiffs in this action, and Craig and others are the defendants. It is a statutory action of ejectment. The land belonged to the father of plaintiffs, who died in 1858, devising it to the mother of plaintiffs, Biddy McMichael, for life with remainder in fee to the plaintiffs. In 1877 it was sold under an order of the probate court for the payment of the debts of the estate of the testator, William McMichael. The purchasers at that sale received a conveyance, executed under the order of the probate court, and immediately went into possession. They subsequntly sold…

2Cases cited5 opinions

  1. Woodstock Iron Co. v. FullenwiderSupreme Court of Alabama · 1888
  2. Gindrat v. Western RailwaySupreme Court of Alabama · 1892
  3. Doe ex dem. Pope v. PickettSupreme Court of Alabama · 1880
  4. De Lancey v. . GanongNew York Court of Appeals · 1853
  5. Price v. Price's Adm'rSupreme Court of Alabama · 1853

3Cited by15 opinions

  1. Kidd v. BorumSupreme Court of Alabama · 1913
  2. Winters v. PowellSupreme Court of Alabama · 1912
  3. Gibson v. GainesSupreme Court of Alabama · 1916
  4. Blakeney v. DuboseSupreme Court of Alabama · 1910
  5. Dodson v. MiddletonSupreme Court of Oklahoma · 1913

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