Bingham v. Sumner
Supreme Court of Alabama
Appeal from Circuit Court, Greene County; R. I. Jones, Judge. Bill by Martin T. Sumner against Rosemary Bingham, to settle and quiet title to land, and incidentally to construe a will. Prom a decree holding that respondent had no right, title, or interest in said land, respondent appeals. Tile will referred to in the opinion is as follows: In the name of God, Amen.
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Appeal from Circuit Court, Greene County; R. I. Jones, Judge. Bill by Martin T. Sumner against Rosemary Bingham, to settle and quiet title to land, and incidentally to construe a will. Prom a decree holding that respondent had no right, title, or interest in said land, respondent appeals. Tile will referred to in the opinion is as follows: In the name of God, Amen. I, Ada H. Sumner, wife of Martin T. Sumner, and a citizen of Birmingham, Jefferson county, Alabama, but now temporarily residing in Nashville, Tennessee, being of sound mind and disposing memory and mindful of the uncertainty of…
1DissentThomas, J.
The bill is under the statute to quiet title to real estate, and its allegations conform to statutory requirements. Code, § 5443; Davis v. Daniels, 204 Ala. 374, 85 South. 797; Carr v. Moore, 203 Ala. 223, 82 South. 473. It was by Martin T. Sumner, the husband of testatrix, against Mrs. Rosemary Bingham, her niece.
The bill was challenged by the general demurrer which was overruled. Respondent made her answer a cross-bill, claimed an interest in the lands described in the original bill, averred that she was the next of kin of Mrs. Ada Hairston Sumner, deceased, who on July 25, 1894, executed…
2Cases cited74 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Doe v. ConsidineSupreme Court of the United States · 1868
- Potter v. CouchSupreme Court of the United States · 1891
- Croxall v. ShererdSupreme Court of the United States · 1867
- Pearce v. PearceSupreme Court of Alabama · 1917
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