Ex parte Green, No. 1071195 (Ala. 4/9/2010)
Decision Date | 09 April 2010 |
Docket Number | No. 1071204.,No. 1071195.,1071195.,1071204. |
Parties | Ex parte Johnnie Mae Alexander Green et al. (In re: Frank Stokes, Jr. v. E'Stella Alexander Webb Cottrell et al.) Ex parte E'Stella Alexander Webb Cottrell. (In re: Frank Stokes, Jr. v. E'Stella Alexander Webb Cottrell et al.) |
Court | Alabama Supreme Court |
Appeal from the Elmore Circuit Court, CV-03-321;Court of Civil Appeals, 2060887).
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS.
This case is before this Court on petitions for the writ of certiorari.Johnnie MaeAlexander Green, Lillie Robinson, Oscar C. Alexander, Bertha Mae Humphrey, Shirley Alexander, Cathy Alexander, Johnny Alexander, Jr., and Althea Alexander(hereinafter referred to collectively as "the Greens")(case no. 1071195) and E'Stella Alexander Webb Cottrell (case no. 1071204) petitioned this Court for review of that portion of the opinion of the Court of Civil Appeals reversing the judgment of the trial court insofar as it quieted title to certain real estate in the Greens and Cottrell (hereinafter referred to collectively as "the plaintiffs") and remanding the case to the trial court to enter a judgment quieting title in that real estate in the heirs of Larenda Jenkins.Stokes
v. Cottrell, [Ms. 2060887, March 14, 2008]___ So. 3d ___(Ala. Civ. App.2008).In addition, Cottrell seeks reversal of the opinion of the Court of Civil Appeals insofar as it affirms the trial court's judgment awarding certain other real estate to Jenkins's heirs.
In cases no. 1071195and1071204, we vacate the portion of the opinion of the Court of Civil Appeals reversing the trial court's judgment.We quash the petition in case no. 1071204 insofar as it asks us to decide whether the Court of Civil Appeals erred in affirming the trial court's judgment quieting title to a portion of the disputed property in "the heirs of Larenda Jenkins."We remand the case to the Court of Civil Appeals for further proceedings consistent with this opinion.
This case concerns a dispute over the rightful ownership of approximately 270 acres of real property formerly owned by Estelle Haggerty Alexander("Estelle"), who died in 1962
without a spouse or children.The Court of Civil Appeals summarizes the facts of this case as follows:1
wife, Johnnie Mae[Alexander] Green, and their children continued living in the house that Estelle had had built for them on parcel 1.
constructive trust for them.3 In that complaint, Johnny Sr. and Cottrell acknowledged that they were not Estelle's biological or adoptive children.
Calloway will be given the needed time to gather his crop.'
was open, and that no administrator existed.Cottrell and Oscar also claimed that, other than the. . . plaintiffs, they knew of no other heirs to Estelle's estate.Cottrell and Oscar did not identify the heirs of Larenda Jenkins as Estelle's kin and heirs at law.Cottrell and Oscar were appointed coadministrators on May 22, 2002.
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