Mower v. Sharit
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; C. B. Smith, Judge. Ejectment by Calvin R. Mower against R. G. Sharit. Judgment for defendant, and plaintiff appeals. The facts sufficiently appear from the opinion of the court. Under the evidence in this case, the land had lost its character as a homestead at the time the deed was executed. 39 111. 83; 71 N. W. 183; 3 Tex. Civ.
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Appeal from Circuit Court, Jefferson County ; C. B. Smith, Judge. Ejectment by Calvin R. Mower against R. G. Sharit. Judgment for defendant, and plaintiff appeals. The facts sufficiently appear from the opinion of the court. Under the evidence in this case, the land had lost its character as a homestead at the time the deed was executed. 39 111. 83; 71 N. W. 183; 3 Tex. Civ. App. 200, 22 S. W. 69; 30 Fla. 350, 11 South. 542; 124 Ala.. 290, 27 South. 302. * The facts did not show an abandonment of the homestead. 110 Ala. 406, IS South. 315, 55 Am. Si Rep. 29; 91 Ala. 357, 8 South. 546; 83 Ala.…
1Opinion of the CourtSomerville, J.
[1] Plaintiff sues in ejectment to recover certain lands, less in area than SO acres and less in value than $2,000, to which he claims title through a deed purporting to have been executed and acknowledged by defendant on September 28, 1906. Defendant denies that he ever signed, acknowledged, or delivered the deed in question, and the testimony of his witnesses tends to show that he was so intoxicated on the date of its alleged execution that he did not know or understand the nature of the act even if he did so. That issue was therefore one of fact to be determined by the jury.
The tract sued…
2Cases cited9 opinions
- Caldwell v. PollakSupreme Court of Alabama · 1890
- Lehman, Durr & Co. v. BryanSupreme Court of Alabama · 1880
- McDonald v. CrandallIllinois Supreme Court · 1867
- Kaes v. GrossSupreme Court of Missouri · 1887
- Bunker v. PaquetteMichigan Supreme Court · 1877
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