Graham v. Graham
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Bill in equity by D. M. Graham and others against Peter H. Graham and others, for the sale of certain lands for division and for other purposes. From a decree denying the claim of respondents to a portion of the land, and directing its sale for division, respondents appeal.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Bill in equity by D. M. Graham and others against Peter H. Graham and others, for the sale of certain lands for division and for other purposes. From a decree denying the claim of respondents to a portion of the land, and directing its sale for division, respondents appeal. The bill of complaint is filed by several of the children and legal heirs of Mildred A. Graham, primarily to secure a sale of certain lands lying in Autauga and Montgomery counties, of which it is alleged she was- the owner at the time of her death in 190S,…
1DissentSomerville, J.
I think that the bill as now amended, in its primary alternative, contains allegations of fact sufficient to show a paramount legal title in Mildred A. Graham at the time of her death, and in her legal heirs thereafter, and that the evidence sustains the decree granting relief in that aspect of the bill. The following principles and considerations are pertinent to the conclusion I have reached with respect to the title involved:
1. Nothing appearing to the contrary, it will be presumed that the $10,000 of the wife’s property derived from her father’s estate, and appropriated by the husband to…
2Cases cited45 opinions
- Bernhardt v. CurtisSupreme Court of Louisiana · 1902
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Scruggs v. Decatur Mineral & Land Co.Supreme Court of Alabama · 1888
- Coyle v. WilkinsSupreme Court of Alabama · 1876
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
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