Calhoun v. Fletcher
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This action was brought by Marie M. A. Calhoun, against Algernon S. Fletcher, to recover damages for a trespass on a house and city lot in Huntsville, alleged to have been committed by the defendant on or about the 1st April, 1872; and was commenced on the 21st of July,, 1875. The defendant pleaded not guilty, and issue was joined on that plea.
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Appeal from the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This action was brought by Marie M. A. Calhoun, against Algernon S. Fletcher, to recover damages for a trespass on a house and city lot in Huntsville, alleged to have been committed by the defendant on or about the 1st April, 1872; and was commenced on the 21st of July,, 1875. The defendant pleaded not guilty, and issue was joined on that plea. It appeared on the trial, as the bill of exceptions states, that the property had belonged to Mrs. Mary S. Calhoun, who was the plaintiff’s mother, and who had died,…
1Opinion of the CourtStone, J.
The following propositions are settled by the numerous decisions of this court, as the result of our statutes :
First: That, upon the death of one seized of a heritable estate in lands, the title descends eo instanti, and vests in the heir at law, if there be no will giving it a different direction; that with the title, there also passes to the heir at law the right to the possession and after-accruing rents and profits, subject to the statutory power of tbe personal representative to take possession and claim rents accruing, or to let to rent, or to obtain an order and sell, for the purposes…
2Cases cited15 opinions
- Borman v. StateSupreme Court of Alabama · 1859
- Conway v. CableIllinois Supreme Court · 1865
- Golding v. Golding's Adm'rSupreme Court of Alabama · 1854
- Masterson v. Girard's HeirsSupreme Court of Alabama · 1846
- Chighizola v. Le BaronSupreme Court of Alabama · 1852
10 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Banks v. SpeersSupreme Court of Alabama · 1892
- Drake v. Lady Ensley Coal, Iron & Railway Co.Supreme Court of Alabama · 1893
- Powell v. LabrySupreme Court of Alabama · 1923
- Grimball v. PattonSupreme Court of Alabama · 1881
- Ex Parte StephensSupreme Court of Alabama · 1936
23 more not listed; retrieve them via the Exa API.