Butler v. Elyton Land Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. The appellant Mary Butler, a non-resident negro woman, filed the bill in this cause praying that one James Going be decreed to hold certain real estate in the city of Birmingham have for her use and that the Elyton Land Company be ordered to make to her deed and title thereto, &c.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. The appellant Mary Butler, a non-resident negro woman, filed the bill in this cause praying that one James Going be decreed to hold certain real estate in the city of Birmingham have for her use and that the Elyton Land Company be ordered to make to her deed and title thereto, &c. The bill in substance avers that Mary Butler, the complainant, was the mother of two illegitimate sons, named Gus Peteet and Butler Whitney. The former, Gus Peteet, died intestate, unmarried and without descendants, owning a contract for purchase of…
1Opinion of the CourtSomeeyille, J.
This case turns on the proper construction of our statute regulating inheritances between bastard children and their mothers and other kindred, the contest here being one in effect between the mother and uterine brother of a deceased bastard, who died seized and possessed of the real estate in controversy. These sections of the Code (1886) read as follows:
Ҥ 1921. Every illegitimate child is considered as the heir of his mother, and inherits her estate in whole or in part, as the case may be, in like manner as if born in lawful wedlock.
§ 1922. The mother, or kindred of an illegitimate child…
2Cases cited4 opinions
- Stevenson's Heirs v. SullivantSupreme Court of the United States · 1820
- Bent's Administrator v. St. VrainSupreme Court of Missouri · 1860
- Town of Burlington v. FosbySupreme Court of Vermont · 1834
- Remmington v. LewisCourt of Appeals of Kentucky · 1848
3Cited by10 opinions
- Everage v. GibsonSupreme Court of Alabama · 1979
- Moore v. TerrySupreme Court of Alabama · 1929
- Foster v. LeeSupreme Court of Alabama · 1911
- Hudson v. ReedSupreme Court of Alabama · 1953
- Moore v. MooreSupreme Court of Missouri · 1902
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