Franklin v. Williamson
Alabama Court of Appeals
Appeal from Circuit Court, Calhoun County; A. P. Agee, Judge. Action by Mrs. Annie Franklin and others against Robert Williamson ai}d others. Judgment for the defendants, and plaintiffs appeal. D. Franklin testified that he was the husband of Ida Franklin during her lifetime, that she died December, 1918, leaving two children, Anna and Bertha, and was then asked to testify as to certain transactions with his deceased wife, to which the defendant interposed objections.
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Appeal from Circuit Court, Calhoun County; A. P. Agee, Judge. Action by Mrs. Annie Franklin and others against Robert Williamson ai}d others. Judgment for the defendants, and plaintiffs appeal. D. Franklin testified that he was the husband of Ida Franklin during her lifetime, that she died December, 1918, leaving two children, Anna and Bertha, and was then asked to testify as to certain transactions with his deceased wife, to which the defendant interposed objections. The half interest in the furniture descended to tlie two children. Section 3765, Code 3907; 124 Ala. 199, 26 South. 984; 145…
1Opinion of the CourtBricken, P. J.
[1, 2] Appellants, plaintiffs in the court below, brought suit against appellee to recover damages for the conversion of certain personal property, described in the complaint; and also to recover possession of said property in specie, with damages for its detention. Plaintiffs claimed as distributees of the estate of Blrs. Ida Franklin, their deceased mother, upon whose estate no administration had been had. The court charged the jury affirmatively in behalf of defendants. This action of the court must be sustained upon two theories, either of which is conclusive of. this appeal. First, for…
2Cases cited3 opinions
- Teal v. ChancellorSupreme Court of Alabama · 1897
- Costephens v. DeanSupreme Court of Alabama · 1881
- Davenport v. BrooksSupreme Court of Alabama · 1890