Riggs v. Fuller
Supreme Court of Alabama
Appeal from. Circuit Court of St. Clair. Tried before Hon. W. L. Whitlock. The appellant, Columbus W. Eiggs, brought a real action in the nature of ejectment against the appellees, to recover certain lands, on the 16th day of January, 1873. The lands in controversy formerly belonged to J ohn D. Eiggs, deceased. Appellant was his youngest son, and claimed title as heir.
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Appeal from. Circuit Court of St. Clair. Tried before Hon. W. L. Whitlock. The appellant, Columbus W. Eiggs, brought a real action in the nature of ejectment against the appellees, to recover certain lands, on the 16th day of January, 1873. The lands in controversy formerly belonged to J ohn D. Eiggs, deceased. Appellant was his youngest son, and claimed title as heir. He was born some time in May, 1849. The appellees claimed title through certain conveyances and possessions thereunder, as hereafter shown. J ohn D. Eiggs died in the year 1852, leaving a widow who survived him for two or three…
1Opinion of the CourtBrickell, C. J.
The specific objections to the introduction as evidence of the deed made by William G-. Riggs to C. M. Pearson, are all reducible to this: That the grantor, as administrator with the will annexed of the ancestor of the appellant, was without power or authority to sell and convey the lands. This may be admitted, and as a conveyance by the administrator of the right and title of his testator the deed is void, not even casting a cloud on the title *146of the heirs, to whom the lands had descended.—Posey v. Conway, 10 Ala. 811. The deed is not, however, made by the grantor in his representative…
2Cases cited7 opinions
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Whiteside v. JenningsSupreme Court of Alabama · 1851
- Dillingham v. BrownSupreme Court of Alabama · 1862
- Willson v. BettsNew York Supreme Court · 1847
- Saltmarsh v. CrommelinSupreme Court of Alabama · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Fielder v. ChildsSupreme Court of Alabama · 1883
- Rowland v. WilliamsOregon Supreme Court · 1893
- Sherin v. BrackettSupreme Court of Minnesota · 1886
- Aiken v. McMillanSupreme Court of Alabama · 1925
32 more not listed; retrieve them via the Exa API.