Shuttle & Weaver Land & Improvement Co. v. Barker
Supreme Court of Alabama
Appeal from Perry Circuit Court. Heard before Hon. B. M. Miller. Ejectment by Maggie E. Barber against the Shuttle & Weaver Land & Improvement Company. Judgment for plaintiff and defendant appeals.
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Appeal from Perry Circuit Court. Heard before Hon. B. M. Miller. Ejectment by Maggie E. Barber against the Shuttle & Weaver Land & Improvement Company. Judgment for plaintiff and defendant appeals. Under the will the grantee took an estate which became absolute upon the birth of the child so far as to enable the grantee by alienation to bar not only his own child but the possibility of a reverter. — Jordan v. Roach, 32 Miss. 481; Smith v. Dreher, 88 Ala. 418; Tiedman’s Real Property, sec. 45, et seq.; 3 Words '& Phrases, 2491; Terry v. Hood, 55 South. 423; Simmons v. Augusta, 3 Port. 69;…
1Opinion of the CourtSayre, J.
In this case the ownership of land is in controversy between a daughter of Margaret Clarissa King and a purchaser from her. The result depends upon the meaning and effect to be ascribed to the will of Elias King, who died in 1852. So much of the will as affects the property is as folows: “I give to my son Edwin W. King, in trust for my beloved granddaughter, Margaret Clarissa King, the following described land, viz.: (Describing the land in controversy.) The property above given to my son Edwin, in trust for my granddaughter Margaret Clarissa King, is given for the sole and separate use and…
2Cases cited13 opinions
- Vanzant v. MorrisSupreme Court of Alabama · 1854
- Powell v. GlennSupreme Court of Alabama · 1852
- McVay's Adm'r v. IjamsSupreme Court of Alabama · 1855
- Williams v. McConicoSupreme Court of Alabama · 1860
- Wilson v. AlstonSupreme Court of Alabama · 1898
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3Cited by17 opinions
- Porter v. HendersonSupreme Court of Alabama · 1919
- Dallas Compress Co. v. SmithSupreme Court of Alabama · 1914
- Scruggs v. MayberryTennessee Supreme Court · 1915
- Spencer v. Title Guarantee Loan & Trust Co.Supreme Court of Alabama · 1931
- Thompson v. LeydenSupreme Court of Alabama · 1930
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