Goodman v. Winter
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before tbe Hon. James Q. Smith. This action was brought by Georgia Goodman, Lydia H. Pope and her husband, Ruth A. Sayre and her husband, and Eliza M. Richardson and ber husband, against John G. Winter, as tenant in possession, Mrs. Mary E. "Winter intervening as landlord, to recover the possession of a lot, or tract of land, in the city of Montgomery ; and was commenced on the 3d December, 1869. The first count in the…
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Appeal from the Circuit Court of Montgomery. Tried before tbe Hon. James Q. Smith. This action was brought by Georgia Goodman, Lydia H. Pope and her husband, Ruth A. Sayre and her husband, and Eliza M. Richardson and ber husband, against John G. Winter, as tenant in possession, Mrs. Mary E. "Winter intervening as landlord, to recover the possession of a lot, or tract of land, in the city of Montgomery ; and was commenced on the 3d December, 1869. The first count in the declaration was on the demise of all the persons above named, and the last on the demise of Georgia Goodman alone. The…
1Opinion of the Court
BBICKELL, 0. J.
The devise and bequest in the will of George B. Clayton, to his children, of all his estate, real and personal, remaining after the payment of his debts, to be divided among them equally, each child accounting for advancements, created a tenancy in common; the daughters taking estates for life, with remainders to their children, which were subject to open and let in after-born children. This tenancy in common continued, until there was a partition, or division, which the will contemplated. If, before such division, any of the daughters had died, her children, as remainder-men,…
2Cases cited30 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- McCormick v. SullivantSupreme Court of the United States · 1825
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Keer v. Devises of MoonSupreme Court of the United States · 1824
- Poole v. Lessee of FleegerSupreme Court of the United States · 1837
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3Cited by98 opinions
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Fowler v. Alabama Iron & Steel Co.Supreme Court of Alabama · 1910
- Matthews v. McDadeSupreme Court of Alabama · 1882
- Betts v. WardSupreme Court of Alabama · 1916
- Kaplan v. ColemanSupreme Court of Alabama · 1912
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