Smith v. Boutwell
Supreme Court of Alabama
Appeal from the Circuit Court of Coffee. Tried before the Hon. J. M. Carmichael. This was a statutory action of .ejectment, brought by Calvin Boutwell and others, against the appellants; and sought to recover certain described property. The cause was tried upon an agreed statement of facts, the substance of which is sufficiently stated in the opinion.
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Appeal from the Circuit Court of Coffee. Tried before the Hon. J. M. Carmichael. This was a statutory action of .ejectment, brought by Calvin Boutwell and others, against the appellants; and sought to recover certain described property. The cause was tried upon an agreed statement of facts, the substance of which is sufficiently stated in the opinion. The court, at the request of the plaintiffs, gave the general affirmative charge in their behalf, to the giving of which the defendants duly excepted. There was judgment for the plaintiffs. The defendants appeal, and assign as error the giving…
1Opinion of the CourtColeman, J.
Plaintiffs, heirs of John Boutwell, deceased, instituted the statutory action of ejectment against defendants, grantees and heirs of Martha Bout-*375well, who was the widow of John Boutwell. The suit was commenced after the death of Martha Boutwell. There is but one material question in the case. The land in question was the homestead of John Boutwell at the time of his death, who died February 15th, 1887, leaving no minor children, and the entire tract did not exceed in area one hundred and sixty acres, and was of less value than two thousand dollars. There was no administration upon his estate.…
2Cases cited1 opinion
- Etheridge v. Doe ex dem. MalempreSupreme Court of Alabama · 1851
3Cited by11 opinions
- Brooks v. JohnsSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. HillSupreme Court of Alabama · 1896
- O'Daniel v. GaynorSupreme Court of Alabama · 1907
- Kilgore v. KilgoreSupreme Court of Alabama · 1893
- O'Rear v. JacksonSupreme Court of Alabama · 1899
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