Patton v. Crow
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before the lion. Geo. D. Shobtridge. Trespass quabe clausum eregít by Robert M. Patton and James Oarutlicrs and Henry I). Mason, as executors of Henry Smith, deceased, against Isaac N. Grow, as well to try titles, as to recover possession of tbo east half of fractional section seven, township three, range eight, situate and being in Lauderdale county.” The only plea was, “not guilty, in short by consent.”
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Appeal from the Circuit Court of Lauderdale. Tried before the lion. Geo. D. Shobtridge. Trespass quabe clausum eregít by Robert M. Patton and James Oarutlicrs and Henry I). Mason, as executors of Henry Smith, deceased, against Isaac N. Grow, as well to try titles, as to recover possession of tbo east half of fractional section seven, township three, range eight, situate and being in Lauderdale county.” The only plea was, “not guilty, in short by consent.” The bill of exceptions is in these words: “ Upon the trial of this cause, after the plaintiffs had introduced as evidence to the jury the…
1Opinion of the CourtRice, J.
—According to the common law, as it hath been as far back as the reign of Henry "VI, if one devise that his executors shall sell his land, and die seized, his heir is in by descent, and consequently the executors have only a power ; but if one devise his land to his executors to sell, then the freehold passes to them by the devise. “ This distinction”— namely, between a devise of lands to executors to sell, and a devise that executors shall sell the land — is mentioned by Justice Doderidge as a “ common difference”, and it received the sanction of Littleton and Coke and of modern…
2Cited by13 opinions
- Ralls v. JohnsonSupreme Court of Alabama · 1917
- Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
- Chaney's Heirs v. Chaney's Adm'rSupreme Court of Alabama · 1861
- Mayor of Mobile v. DarganSupreme Court of Alabama · 1871
- Poole v. GriffithSupreme Court of Alabama · 1927
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