Deramus v. Deramus
Supreme Court of Alabama
Appeal from Circuit Court, Autauga County ; Leon McCord, Judge. Bill by E. E. Deramus and another against W. M. Deramus and others for the sale of lands and personal property for division. From decree granting relief, respondents appeal. The deed to appellant vested all the title, unless the deed given by the father to his wife vested the remainder in their children after the death of the mother.
Read the full summary
Appeal from Circuit Court, Autauga County ; Leon McCord, Judge. Bill by E. E. Deramus and another against W. M. Deramus and others for the sale of lands and personal property for division. From decree granting relief, respondents appeal. The deed to appellant vested all the title, unless the deed given by the father to his wife vested the remainder in their children after the death of the mother. The following authorities support the proposition that the deed from the father vested a fee-simple title in the grantee: 203 Ala. 312, 82 South. 668; 167 Ala. 459, 52 South. 592; 135 Ala. 148, 33…
1Opinion of the Court
SAYRE, .1.
The parties complainant and defendant to this bill for partition are the children of R. S. and Mary Alice Deramus. Prior to 1909, R. S. Deramus owned and occupied the land in controversy, a tract of 240 acres. In that year R. S. conveyed the land “unto her,” his wife Mary Alice, with habendum as follows, “To have and to hold the same to her and her heirs and assigns forever,” after which the deed proceeded:
“But it is hereby provided that the said property both real and personal shall never by contract, mortgage or otherwise be subject to my debts or the debts of my said wife and it…
2Cases cited11 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Porter v. HendersonSupreme Court of Alabama · 1919
- Dickson v. Van HooseSupreme Court of Alabama · 1908
- Petty v. BootheSupreme Court of Alabama · 1851
- Gulf Red Cedar Lumber Co. v. O'NealSupreme Court of Alabama · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Philpot v. StateSupreme Court of Alabama · 2002
- Henry v. WhiteSupreme Court of Alabama · 1952
- Stratford v. LattimerSupreme Court of Alabama · 1951
- Metropolitan Life Ins. Co. v. EstesSupreme Court of Alabama · 1934
- De Ramus v. De RamusSupreme Court of Alabama · 1921
10 more not listed; retrieve them via the Exa API.