Hays v. Lemoine
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Ejectment by Eobert A. Lemoine against Fannie Hays. From a judgment for plaintiff, defendant appeals. Lemoine claims the land as a life tenant of his deceased wife, Anna Steele Lemoine, who died intestate March, 1873, and who was the daughter of Ben O. Steele, who died intestate in 1857, leaving surviving him his widow, Pauline Steele, now Cullen, and daughter, Anna Steele.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Ejectment by Eobert A. Lemoine against Fannie Hays. From a judgment for plaintiff, defendant appeals. Lemoine claims the land as a life tenant of his deceased wife, Anna Steele Lemoine, who died intestate March, 1873, and who was the daughter of Ben O. Steele, who died intestate in 1857, leaving surviving him his widow, Pauline Steele, now Cullen, and daughter, Anna Steele. Mrs. Cullen died in 1901 leaving a last will and testament, by which she devised the property in question to certain trustees for the benefit of her…
1Opinion of the CourtDenson, J.
If the lot sued for was the property of Benjamin C. Steele at the time of his death, then the legal title descended to his only child, Anna, subject, however, to the widow’s right to have dower carved out of it; and on the death of Anna without a will her husband (the plaintiff here) took a life estate in the lot, subject to the same right of the widow. Such was the law at the time of Steele’s death in 1857, and continued to be the law unto the present. — Civ. Code 1896, §§ 1504, 2534, and the sections of the previous Codes there cited; Harlan v. State, 136 Ala. 150, 33 South. 858; Thompson…
2Cases cited19 opinions
- Thompson v. ThompsonSupreme Court of Alabama · 1894
- Robinson v. AllisonSupreme Court of Alabama · 1892
- Abbett v. PageSupreme Court of Alabama · 1890
- Kelly v. McGrathSupreme Court of Alabama · 1881
- Smith's Heirs v. Smith's Adm'rSupreme Court of Alabama · 1848
14 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Harkins & Co. v. LewisSupreme Court of Alabama · 1988
- Bowles v. LowerySupreme Court of Alabama · 1913
- Ideal Bakery v. SchryverWyoming Supreme Court · 1931
- Allen v. OvertonSupreme Court of Alabama · 1922
- Lester v. StroudSupreme Court of Alabama · 1925
13 more not listed; retrieve them via the Exa API.