Smith v. Greer
Supreme Court of Alabama
Appeal from the Chancery Court of Chambers. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 9th July, 1889, by Mrs. Mary E. Smith and others, children of Mrs. Cynthia (or Syntha) Ricks, deceased, against Joseph Greer; and sought the recovery of a tract of land, which the defendant had bought from Mrs. Ricks, a sale of it for partition among the complainants, and an account of the rents and profits after the death of Mrs. Ricks.
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Appeal from the Chancery Court of Chambers. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 9th July, 1889, by Mrs. Mary E. Smith and others, children of Mrs. Cynthia (or Syntha) Ricks, deceased, against Joseph Greer; and sought the recovery of a tract of land, which the defendant had bought from Mrs. Ricks, a sale of it for partition among the complainants, and an account of the rents and profits after the death of Mrs. Ricks. Mrs. Ricks was a daughter of Joshua Caldwell, who died in the year 1854, in said county, and whose last will and testament was there…
1Opinion of the CourtSomeryille, J.
The errors assigned are based on the action of the chancellor in sustaining the demurrers to the bill. The rulings involve a construction of the fifth item of the last will of Joshua Caldwell, the testator, who died in the year 1854, said will having been executed March 25th, 1852, and probated July 10th, 1854. The equity of the bill, as is admitted, is dependent upon the contention, that Mrs. Syntha Ricks, the testator’s daughter, who was named as the devisee in this clause of the will, took only a life-estate in the property therein described. There is no ground upon which it can be claimed…
2Cases cited5 opinions
- Powell v. GlennSupreme Court of Alabama · 1852
- Ewing v. StandeferSupreme Court of Alabama · 1850
- Simmons v. AugustinSupreme Court of Alabama · 1836
- Young v. KinnebrewSupreme Court of Alabama · 1860
- Lloyd v. RamboSupreme Court of Alabama · 1860
3Cited by5 opinions
- Shuttle & Weaver Land & Improvement Co. v. BarkerSupreme Court of Alabama · 1912
- Wilson v. AlstonSupreme Court of Alabama · 1898
- Slayton v. BlountSupreme Court of Alabama · 1890
- English v. McCrearySupreme Court of Alabama · 1908
- Clark v. CammackSupreme Court of Alabama · 1927