Wilkinson v. Lehman-Durr Co.
Supreme Court of Alabama
Appeal from Butler Circuit Court. Heard before Hon. Charles P. Jones, Special Judge. Ejectment by Salome B. Wilkinson and others against the Lehman-Durr Co. From a judgment for defendant, complainants appeal.
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Appeal from Butler Circuit Court. Heard before Hon. Charles P. Jones, Special Judge. Ejectment by Salome B. Wilkinson and others against the Lehman-Durr Co. From a judgment for defendant, complainants appeal. If Wilkinson ivas of unsound mind at the time he conveyed the property to H. Z. Wilkinson, then the deed ivas void and title to thé property never passed out of W. W. Wilkinson. — -Wilkinson v. Wilkinson, 30 South. 578; Dougherty v. Poioe> 30 South. 524; Liverpool L. cG G. Go. v. Tillis, 110 Ala. 200. No part of the chancery file was proper or material evidence. — Davis v. Tarver, 65…
1Opinion of the CourtDenson, J.
This is an action of ejectment, brought by the heirs at law of W. W. Willdnson, deceased, against the Leliman-Durr Company, to recover possession of a storehouse and lot in the city of Greenville. The plaintiffs claim title through their ancestor, W. W. Wilkinson. Defendant asserts title from the same source, by deed executed by W. W. Wilkinson to H. Z. Wilkinson, of date July 6, 1885, a mortgage made by H. Z. Wilkinson and wife to defendant, of date July 10, 1885, a mortgage by the same parties to Moses Weil in 1886. a foreclosure of the Weil mortgage and a purchase by Weil at the…
2Cases cited8 opinions
- Smith v. KernochenSupreme Court of the United States · 1849
- Wood v. WoodSupreme Court of Alabama · 1901
- Walker v. ClaySupreme Court of Alabama · 1852
- Doe ex. dem. Foster v. RoeSupreme Court of Georgia · 1857
- Speck v. Pullman Palace Car Co.Illinois Supreme Court · 1887
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3Cited by3 opinions
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