Golding v. Golding's Adm'r
Supreme Court of Alabama
Eekor to the Circuit Court of Russell. Tried before the Hon. John Gill Shorter. Ejectment by Bryant Duncan, as administrator of Catharine Golding, deceased, against William A. Golding, the plaintiff in error, to recover the possession of a tract of land containing eighty acres, as well as damages by way of mesne profits for its detention.
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Eekor to the Circuit Court of Russell. Tried before the Hon. John Gill Shorter. Ejectment by Bryant Duncan, as administrator of Catharine Golding, deceased, against William A. Golding, the plaintiff in error, to recover the possession of a tract of land containing eighty acres, as well as damages by way of mesne profits for its detention. The defendant claimed title through the plaintiff’s intestate, under the following instrument of writing: “ The State of Alabama, Russell County, Know all men by these presents, at my ' death, that I, Catharine Golding, do hereby give and grant unto my son,…
1Opinion of the CourtLigon, J.
The rights of the parties in this case depend, mainly, upon the construction which the law puts upon the instrument of writing made by Catharine Golding to William A. Golding, which the court below excluded from the jury-
If that instrument is a deed, by which Mrs. Golding conveys to her son the premises in controversy, to be held hy him in fee, with the reservation of a life estate to herself, and its terms are such as to pass to him a present interest in the lands in controversy, with the entire estate at her death, then, the court erred in excluding it from the jury; hut, if, as it is…
2Cases cited4 opinions
- Dunn v. Bank of MobileSupreme Court of Alabama · 1841
- Adams v. BroughtonSupreme Court of Alabama · 1848
- Horn v. GartmanSupreme Court of Florida · 1846
- Patterson v. CookSupreme Court of Alabama · 1838
3Cited by24 opinions
- Landford v. DunklinSupreme Court of Alabama · 1882
- Waddell v. LanierSupreme Court of Alabama · 1878
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
- Abney v. MooreSupreme Court of Alabama · 1894
- Calhoun v. FletcherSupreme Court of Alabama · 1879
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