Jefferson v. Jefferson

• Decision Date: 28 November 1947
• Docket Number: 2 Div. 234.
• Citation: 33 So.2d 883,250 Ala. 269
• Parties: JEFFERSON et al. v. JEFFERSON et al.
• Court: Alabama Supreme Court

33 So.2d 883

250 Ala. 269

JEFFERSON et al. v. JEFFERSON et al.

2 Div. 234.

Supreme Court of Alabama

November 28, 1947

Rehearing Denied Feb. 26, 1948.

Jones Dominick & McEachin, Liston C. Bell and Jas. P. Bradford all of Tuscaloosa, for appellants.

Ira D. Pruitt, of Livingston, for appellees.

LIVINGSTON Justice.

The appeal is from a decree of the Circuit Court, in Equity, of Sumter County, Alabama, overruling demurrers to a bill of complaint.

The case made by the bill is in substance that Demus Jefferson died intestate in Sumter County prior to 1914. A part of his estate consisted of 212 acres of land which is the subject matter of this suit. He left surviving his wife, Hannah Jefferson, four sons, Caleb, Ned, Wesley and Needham, and two daughters, Millie Jefferson Dykes, and Delia Jefferson Ingram. On October 7, 1914, all of the surviving children of Demus and Hannah Jefferson, with their respective husbands and wives joining them, executed and delivered to Hannah Jefferson a deed conveying to her all their interest in and to said 212 acres of land. On October 13, 1914, Hannah Jefferson mortgaged said lands to Essie L. Stein to secure an indebtedness of $383, due and payable November 1, 1915. On November 13, 1914, Hannah Jefferson mortgaged said lands to W. R. Larkin and S. E. Foscue to secure an indebtedness of $1000 due and payable November 13, 1915. It is alleged that the two mortgages were executed to secure funds to pay obligations of Caleb Jefferson, the son of Demus and Hannah Jefferson, and that said funds were so used. It is further alleged that Caleb Jefferson continued to live with Hannah Jefferson after Demus Jefferson died; that Hannah Jefferson died intestate about nine years before this suit was filed, leaving surviving the following heirs at law, N H. Jefferson, Delia Jefferson Ingram, Millie Jefferson Dykes, Caleb Jefferson, Lennett Jefferson Donald and Martha Jefferson; Wesley Jefferson and Ned Jefferson having died subsequent to the death of Demus Jefferson, and prior to the death of Hannah Jefferson, Caleb Jefferson continued to live on the lands here involved, and was living thereon when this suit was commenced on May 25, 1944. It is further alleged that after the death of Hannah Jefferson Caleb Jefferson sold certain timber growing on the lands involved, and certain easements across said lands for power lines. That the two mortgages, above mentioned, were not paid during the lifetime of Hannah Jefferson, and that after her death Caleb Jefferson bought and had transferred to him the said two mortgages, and that he foreclosed the same on July 18, 1942; and at the foreclosure sale Caleb Jefferson and his stepdaughter, respondent Aurelia Jefferson, became the purchasers of said lands at and for the recited consideration of $3500. This suit was instituted on May 25, 1944, within two years after the foreclosure of said mortgages. It is alleged that prior to filing suit, Needham (N. H.) Jefferson and his two sisters, Delia Jefferson Ingram and Millie Jefferson Dykes, made two separate demands upon Caleb Jefferson for a statement and accounting as to the amount received by him from the timber sold from said lands and the easements across said lands after the death of Hannah Jefferson, and as to how much Caleb owed the estate of Hannah Jefferson on account of the two mortgage transactions, and for rents and profits on said lands. That Caleb advised them that he (Caleb) owned said lands; that he would not account to them for anything, and that he owed the other heirs of Hannah Jefferson nothing.

By amendment it was made to appear that Caleb Jefferson died intestate since this proceeding was instituted, and that there has been no administration of his estate. He left surviving his widow, Sarah Jefferson, and the following children, all over the age of 21 years: Augusta Jefferson Shackford, Sophronia Jefferson Dixon, Bertha Jefferson Rogers, C. B. Jefferson, Jr., Lew D. Jefferson, Annie Lee Jefferson Brockway, and Lovertha Jefferson Gandy; and, by amendment, Lennett Jefferson Donald, Lovertha Jefferson Gandy, Annie Lee Jefferson Brockway, Bertha Jefferson Rogers Augusta Jefferson Shackford, Lew D. Jefferson and C. B. Jefferson, Jr., were made parties complainant to this cause, and Sophronia Jefferson Dixon and Sarah Jefferson were made parties respondent. Martha Jefferson, one of the original respondents, is alleged to be over the age of 21 years; but it is further alleged that her...