Hancock v. Kelly
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. * Tried before the'Hon. H. C. Speake. This was the statutory real action in the nature of ejectment by the appellant, Julia J. Hancock, against the appellees, Emmett Kelly and Solon Kelly, and is now before this court the second time. — See Kelly v. Hancoclc, 75 Ala. 229. The pleas were, in short by consent, “not guilty, statute of limitations of ten years, and statute of limitations of twenty years.”
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Appeal from the Circuit Court of Madison. * Tried before the'Hon. H. C. Speake. This was the statutory real action in the nature of ejectment by the appellant, Julia J. Hancock, against the appellees, Emmett Kelly and Solon Kelly, and is now before this court the second time. — See Kelly v. Hancoclc, 75 Ala. 229. The pleas were, in short by consent, “not guilty, statute of limitations of ten years, and statute of limitations of twenty years.” In 1856, Bobert Hancock died intestate in Madison county, Alabama, seized and possessed in fee simple of 640 acres of land, out of which the land in…
1Opinion of the CourtClopton, J.
— The allotment and assignment to appellant of the land, to recover possession of which she brought the suit, as her dower interest in the real estate of her husband, would entitle her, though she may have been paid the purchase-money, to recover in a court of law, in the absence of a conveyance, unless her right is barred by the statute of limitations, or by prescription. The court having instructed the jury, that they could not look to the testimony of Seay as evidence that a deed to her dower interest had been made to Gooch, and there being no other evidence of a conveyance, the material…
2Cases cited8 opinions
- Acklen's v. HickmanSupreme Court of Alabama · 1879
- Street v. SinclairSupreme Court of Alabama · 1881
- Shorter v. SheppardSupreme Court of Alabama · 1859
- Heflin v. SlaySupreme Court of Alabama · 1884
- Elliott v. DyckeSupreme Court of Alabama · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In re Proving the Last Will & Testament of BarneyAppellate Division of the Supreme Court of the State of New York · 1919
- Butler v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1893
- Floyd v. PughSupreme Court of Alabama · 1917
- Bolling v. FanninSupreme Court of Alabama · 1892
- Green v. JordanSupreme Court of Alabama · 1887
9 more not listed; retrieve them via the Exa API.