Legal Opinion

Arrrington v. Arrington

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 26 opinions

Appeal from the Circuit Court of Barbour. Tried before the Hon. A. T. Borders, Special Judge. This was a statutory action of ejectment, brought by the appellants against the appellees. The defendants pleaded the general issue. The plaintiffs claim title to the land sued for under a deed executed by one E. M. King on January 1, 1S79, conveying to the plaintiffs the lands sued for. The jilaintiffs were shown to be the illegitimate children of said E. M. King.

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Appeal from the Circuit Court of Barbour. Tried before the Hon. A. T. Borders, Special Judge. This was a statutory action of ejectment, brought by the appellants against the appellees. The defendants pleaded the general issue. The plaintiffs claim title to the land sued for under a deed executed by one E. M. King on January 1, 1S79, conveying to the plaintiffs the lands sued for. The jilaintiffs were shown to be the illegitimate children of said E. M. King. The execution and attestation of this deed, and the circumstances of its delivery to the mother of the plaintiffs are sufficiently stated…

1Opinion of the CourtTyson, J.

— This was a statutory action of ejectment for the recovery of certain lands which the plaintiffs claim title to under a deed of gift from their reputed father. The single question raised in the trial court was, whether the deed was delivered. It appears from the testimony that the plaintiffs at the date of the deed were infants of tender years, the eldest being about five years of age, residing with their mother; and the grantor, their reputed father, shortly after its date handed it to their mother, they having no legally appointed guardian, in a sealed envelope, saying to her: “Here,…

2Cases cited9 opinions

  1. Sharpe v. OrmeSupreme Court of Alabama · 1878
  2. Hendon v. WhiteSupreme Court of Alabama · 1875
  3. Jones v. HaglerSupreme Court of Alabama · 1891
  4. McLure v. ColcloughSupreme Court of Alabama · 1849
  5. Dillingham v. BrownSupreme Court of Alabama · 1862

4 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Richbourg v. RoseSupreme Court of Florida · 1907
  2. Fitzpatrick v. BrigmanSupreme Court of Alabama · 1900
  3. Woodruff v. HundleySupreme Court of Alabama · 1900
  4. McKemey v. KetchumSupreme Court of Iowa · 1919
  5. City Lumber Co. of Bridgeport, Inc. v. BorsukSupreme Court of Connecticut · 1945

21 more not listed; retrieve them via the Exa API.

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