Jenkins v. Avery

SIMPSON, Justice.

This is a statutory bill to quiet title to real estate situated in Birmingham, Alabama, by the appellees, brothers and sisters of Gus Spratling, who recently died intestate, against appellant, Lesterine Holloway Jenkins. Lesterine claims title to the land as the legitimate daughter of Spratling by a common law marriage theretofore existing between Spratling and her mother, Maude Holloway. There is no warrant-able inference from the evidence of any ceremonial marriage between this couple, so the real question, and determinative of the appeal, is whether appellant was the issue…