McSwean v. McSwean
Supreme Court of Alabama
Appeal from Circuit Court, Dale County, J. S. Williams, Judge. Bill by Elizabeth McSwean against R. L. McSwean to declare null and void a conveyance executed by her because of a failure to observe a condition subsequent. Decree for respondent, and complainant appeals. The case made is that of an old woman conveying what was left her to a nephew in consideration of his care for her for the balance of her life, with the usual charges of mistreatment and falling out.
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Appeal from Circuit Court, Dale County, J. S. Williams, Judge. Bill by Elizabeth McSwean against R. L. McSwean to declare null and void a conveyance executed by her because of a failure to observe a condition subsequent. Decree for respondent, and complainant appeals. The case made is that of an old woman conveying what was left her to a nephew in consideration of his care for her for the balance of her life, with the usual charges of mistreatment and falling out. Counsel discussed the evidence, but cites no authority in support of his contention that the court erred in the decree- rendered.…
1Opinion of the CourtThomas, J.
This bill was for the cancellation of a deed containing a condition subsequent, the nonobservance of which resulted in a forfeiture of estate at the election of the grantor. First Nat. Bank v. McIntosh, 201 Ala. 649, 79 South. 121, L. R. A. 1918F, 353.
The pertinent conditions of the instant conveyance exhibited with the bill are:
« * * * Bor an(j jn consideration of $5.00 to me in hand paid by R. L. McSwean, the receipt whereof is hereby acknowledged, and, in consideration further that the said R. L. Mc-Swean has heretofore rendered in valuable services in taking care of, supporting, clothing,…
2Cases cited19 opinions
- Hackett v. CashSupreme Court of Alabama · 1916
- Andrews v. GreySupreme Court of Alabama · 1917
- State v. Western Union Telegraph Co.Supreme Court of Alabama · 1916
- Ray v. WatkinsSupreme Court of Alabama · 1920
- First Nat. Bank v. McIntoshSupreme Court of Alabama · 1918
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Merchants' Nat. Bank of Mobile v. HubbardSupreme Court of Alabama · 1929
- First Nat. Bank of Birmingham v. SneadCourt of Appeals for the Fifth Circuit · 1928
- Stewart v. WeaverSupreme Court of Alabama · 1956
- Hamilton v. WatsonSupreme Court of Alabama · 1927
9 more not listed; retrieve them via the Exa API.