Higdon v. Leggett
Supreme Court of Alabama
Appeal from Circuit Court, Colbert County; E. J. Garrison, Judge. Bill by Irene Leggett, as administratrix and in her individual capacity, and others, against Lula Mae Higdon and others, to construe a deed, and to sell land’ for division among joint owners.
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Appeal from Circuit Court, Colbert County; E. J. Garrison, Judge. Bill by Irene Leggett, as administratrix and in her individual capacity, and others, against Lula Mae Higdon and others, to construe a deed, and to sell land’ for division among joint owners. From a decree holding that the children of Jane M. Leggett by her first hus.band, Samuel J. Leggett, Sr., were entitled to share in the distribution only, Lula Mae Higdon, a child of Jane M. Leggett by her second husband, appeals. The bill alleges that Samuel J. Leggett, Sr., and Jane Higdon were husband and wife when the land was bought…
1Opinion of the CourtAnderson, C. J.
[1] The deed in question, by the granting clause, conveys the land to “Mrs. Jane M. Leggett and her children, Ada E. Leggett, George W. Leggett, Emma B. Leggett, and Samuel J. Leggett, Jr., and also in trust for such children a£ may be born of said Jane M. Leggett.” The habendum clause provides that said land is to be held, etc., by the parties of the second part and their heirs forever, and also “in trust for such children as may be born of said Jane M. Leggett.” The warranty is to the parties 'of the second part, “to and for themselves and such children as may be born of the body of Mrs.…
2Cases cited3 opinions
- Chenault v. Eastern Kentucky Timber & Lumber Co.Court of Appeals of Kentucky · 1904
- Southern Ry. Co. v. HaysSupreme Court of Alabama · 1907
- Pettit v. NormanCourt of Appeals of Kentucky · 1904
3Cited by1 opinion
- Higdon v. LeggettSupreme Court of Alabama · 1922