Waters v. Williams
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. A. A. Coleman. This action was brought by Mrs. Mary E. Williams, the widow of Caleb Williams, against Allen Gr.
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Appeal from the Circuit Court of Marengo. Tried before the Hon. A. A. Coleman. This action was brought by Mrs. Mary E. Williams, the widow of Caleb Williams, against Allen Gr. Waters, who was the administrator of said decedent, to recover for the use and occupation by the defendant of a plantation which belonged to the decedent at the • time of his death ; and was commenced on the 12th December, 1859. By agreement. between the parties, after the evidence was closed, the jury returned a special verdict, as follows: “ Caleb Williams, whose only occupation was that of a planter, some years…
1Opinion of the CourtStone, J.
Under the special verdict, or agreed facts in this case, the plantation, for the use and occupation of which the action was brought, was not “connected” with *684“the dwelling-house where her husband most usually resided next before his death.” — McAllister v. McAllister, 37 Ala. 484; Smith v. Smith, 13 Ala. 334. Hence, we hold, that this case does not come under the operation of section 1359 of the Code.
[2.] The principle above announced is decisive of this «ase, as made by the pleadings; but, as these may be modified, we feel it our duty to pass on. the plaintiff’s right to recover, in an…
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- Doe ex dem. Shelton v. CarrolSupreme Court of Alabama · 1849
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- Inge v. MurphySupreme Court of Alabama · 1848
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3Cited by9 opinions
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