Young v. Sheldon
Supreme Court of Alabama
Appeal from the Circuit Court-of Lauderdale. Tried before the Hou. Thos. B. Koulhac. This was a statutory action of ejectment, brought by the appellant, Mollie Young, to recover certain lands specifically described in the complaint. Pending the suit W. B. Young died, and the suit was revived in the name of M. B. Sheldon, as administrator.
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Appeal from the Circuit Court-of Lauderdale. Tried before the Hou. Thos. B. Koulhac. This was a statutory action of ejectment, brought by the appellant, Mollie Young, to recover certain lands specifically described in the complaint. Pending the suit W. B. Young died, and the suit was revived in the name of M. B. Sheldon, as administrator. The basis of the plaintiff’s claim and the other facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion. Upon the introduction of all the evidence, the court at the request of the…
1Opinion of the CourtTyson, J.
The plaintiff in order to recover in this case, must, of course, have the legal title. She predicates her claim to said title upon item three of her grandfather's will, which is in these words: “I. give to my beloved wife, Hetty D. Jones, who is my sole executrix,'all my lands, negroes and stock, in short all my property of any description, after the payment of all my just debts, etc., and my youngest son, Daniel A. Jones, receives his portion heretofore mentioned, during her lifetime to manage at her control or as she may think best for herself and her children in future, to contract debts…
2Cases cited13 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Funk v. EgglestonIllinois Supreme Court · 1879
- White v. . HicksNew York Court of Appeals · 1865
- Flinn v. DavisSupreme Court of Alabama · 1850
- South v. SouthIndiana Supreme Court · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Braley v. SpraginsSupreme Court of Alabama · 1930
- Schowalter v. SchowalterSupreme Court of Alabama · 1928
- Jemison v. BrasherSupreme Court of Alabama · 1919
- Powell v. PearsonSupreme Court of Alabama · 1929
- Bingham v. SumnerSupreme Court of Alabama · 1921
9 more not listed; retrieve them via the Exa API.