Parks v. Barnett
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. H. C: Speaks. This was a statutory action of ejectment, brought by the appellant, M. D. L. Parks, against the appellee, W. B. Barnett, on January 16, 1893 ; and sought to recover-the possession of a certain lot described in the complaint, situated in the city of Huntsville. On motion, Belle D. Coltart was made a party and allowed to defend the suit, as landlord of said Barnett.
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Appeal from the Circuit Court of Madison. Tried before the Hon. H. C: Speaks. This was a statutory action of ejectment, brought by the appellant, M. D. L. Parks, against the appellee, W. B. Barnett, on January 16, 1893 ; and sought to recover-the possession of a certain lot described in the complaint, situated in the city of Huntsville. On motion, Belle D. Coltart was made a party and allowed to defend the suit, as landlord of said Barnett. She pleaded the general issue, and the statute of limitations of ten years. The plaintiff based his right to the possession of the lot sued for, on a…
1Opinion of the Court
HARALSON, J. —
1. In the absence of children or next of kin, on the death of Wm. Hart, intestate, leaving a wife, his whole estate went, under the statute, to her. Code, § 1915, subdiv. 5.
2. The evidence is without conflict, that the lot sued for, at the time of its attempted conveyance by said Hart and wife to the defendant, Ooltart, was their homestead in their actual occupancy and possession, as such, and had been for many years before. Their deed was without the acknowledgment of the wife, as required by section 2508 of the Code, to make a valid conveyance by the husband of the homestead.…
2Cases cited16 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Hodges v. WinstonSupreme Court of Alabama · 1891
- Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
- Alford v. Lehman, Durr & Co.Supreme Court of Alabama · 1884
- Echols v. HubbardSupreme Court of Alabama · 1890
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Gulf Production Co. v. Continental Oil Co.Texas Supreme Court · 1939
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Grayson v. MuckleroySupreme Court of Alabama · 1929
- Gilb v. O'NeillSupreme Court of Alabama · 1932
- Markstein v. SchilleciSupreme Court of Alabama · 1952
9 more not listed; retrieve them via the Exa API.