Witter v. Dudley
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cook. This action was brought by Mrs. Mary D. Lamkin, against John Dudley, “to recover the following tract of land: the west half of the north-west quarter of section 29, the south-west quarter of section 20, the southeast quarter of sectio'n 19, the north-east quarter of section 29, and the • south-east quarter of section 20; all in township 15, range 14, in the county of Lowndes.”
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cook. This action was brought by Mrs. Mary D. Lamkin, against John Dudley, “to recover the following tract of land: the west half of the north-west quarter of section 29, the south-west quarter of section 20, the southeast quarter of sectio'n 19, the north-east quarter of section 29, and the • south-east quarter of section 20; all in township 15, range 14, in the county of Lowndes.” The plaintiff having married one Francis It. Witter, pending the suit, her marriage was suggested on the record, (Code, § 2150,) and the suit…
1Opinion of the CourtA. J. Walker, C. J.
The decree of Chancellor Crenshaw first creates a separate estate for life in the appellant, then appoints a trustee for her, and requires that he shall give bond, with surety, conditioned to account and pay over to her, and to no one else, all such sums of money as he may receive as trustee, and that he will account annually with the court, and faithfully perform the duties of trustee, and abide by and perform such order as the court may take touching the trust estate. The decree farther requires, that the penalty of the bond should be double the value of the personal estate, and double the…
2Cases cited2 opinions
- Colburn v. BroughtonSupreme Court of Alabama · 1846
- Peake v. YeldellSupreme Court of Alabama · 1850
3Cited by6 opinions
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Blake v. O'NealWest Virginia Supreme Court · 1908
- Dudley v. WitterSupreme Court of Alabama · 1871
- Witter v. DudleySupreme Court of Alabama · 1868
- McCurdy v. KenonSupreme Court of Alabama · 1912
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