Head v. Lane
Supreme Court of Alabama
Appeal from Coffee Chancery Court. Heard before Hon. L. D. Gardner. Bill by W. M. Head against Malissa Lane and others to quiet title to land and to enjoin trespass thereon. From a decree overruling demurrers to the answer and cross-bill, and holding the pleas sufficient, complainant appeals.
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Appeal from Coffee Chancery Court. Heard before Hon. L. D. Gardner. Bill by W. M. Head against Malissa Lane and others to quiet title to land and to enjoin trespass thereon. From a decree overruling demurrers to the answer and cross-bill, and holding the pleas sufficient, complainant appeals. The case made by the bill is that the complainant was in possession of the land, and had obtained title thereto in the following manner: That the lands were the property of A. S. Head during his life, and used by him for farming purposes, and that when he died he left a last will and testament, in which…
1Opinion of the Court
de GRAFFENRIED, J. —
“When an absolute power of disposition, not accompmvied by any trust, is given *338to the owner of a particular estate for life or years, such estate is changed into a fee simple absolute, as to the rights of creditors aoid purchasers, but subject to- any future estates limited thereon, m case the poioer is not executed, or the lands sold for the satisfaction of debts, during the continuance of such particular estate.”-— Code 197, § 3423.
The true interpretation of the above statute — and its language is plain and free from ambignity — was given by this court in Alford’s Adm’r…
2Cases cited5 opinions
- Alford's Adm'r v. Alford's Adm'rSupreme Court of Alabama · 1876
- Rutledge v. CramptonSupreme Court of Alabama · 1907
- Bolman v. LohmanSupreme Court of Alabama · 1885
- Nabors v. WoolseySupreme Court of Alabama · 1911
- Young v. SheldonSupreme Court of Alabama · 1903
3Cited by7 opinions
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Metropolitan Life Ins. Co. v. BramlettSupreme Court of Alabama · 1932
- Jemison v. BrasherSupreme Court of Alabama · 1919
- Thomas v. HoldenSupreme Court of Alabama · 1915
- Watkins v. FrenchSupreme Court of Oklahoma · 1931
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