Bassett v. Powell
Supreme Court of Alabama
Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. Ejectment by Martha Powell and others, against Will Bassett and others. Judgment for plaintiffs and defendants appeal. The following is the agreed statement of facts: “On and prior to September 21st, George W. White owned and was seised and possessed of the land sued for in the complaint, which was the homestead of said White, and was occupied by him and his wife.
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Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. Ejectment by Martha Powell and others, against Will Bassett and others. Judgment for plaintiffs and defendants appeal. The following is the agreed statement of facts: “On and prior to September 21st, George W. White owned and was seised and possessed of the land sued for in the complaint, which was the homestead of said White, and was occupied by him and his wife. It was all the real estate owned by him, was not located in a city, town, or village, was less in area than 160 acres, and in value than $2,000. On the date above…
1Opinion of the CourtAnderson, J.
The land in question was the homestead of George White at the time he conveyed the life estate in same to his wife, and whether the deed conveyed the remainder to his heirs or reserved the same to himself matters not, as there was no separate voluntary release of same by the wife, as is required by law, and said deed was inoperative as an alienation of the homestead right. The deed to the wife may have operated to pass the legal title to the life estate to her; but, being without her voluntary signature, said conveyance was subject to all pre-existing homestead rights. We think that what was…
2Cases cited8 opinions
- Burkett v. BurkettCalifornia Supreme Court · 1889
- Faircloth v. CarrollSupreme Court of Alabama · 1902
- Turner v. BernheimerSupreme Court of Alabama · 1891
- Harsh v. GriffinSupreme Court of Iowa · 1887
- Riehl v. BingenheimerWisconsin Supreme Court · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- White v. WhiteTexas Supreme Court · 1943
- Wallace v. FeibelmanSupreme Court of Alabama · 1912
- Brooks v. ButlerSupreme Court of Oklahoma · 1939
- Hall v. HallSupreme Court of Missouri · 1940
- McCurdy v. KenanSupreme Court of Alabama · 1913
9 more not listed; retrieve them via the Exa API.