Long v. Parmer
| Decision Date | 03 February 1887 |
| Court | Alabama Supreme Court |
| Parties | LONG, Adm'r, v. PARMER. |
Appeal from circuit court, Barbour county.
Statutory action in the nature of ejectment for the recovery of real estate.
This was a statutory action in the nature of ejectment, brought by the appellant, G. T. Long, as administrator de bonis non cum testamento annexo of the estate of Charles D. Bush deceased, against the appellee, Alfred Parmer, for the recovery of certain lands of which said Charles D. Bush died seized and possessed. Charles D. Bush died in 1853, leaving a will which was duly probated June 13, 1853. The will, after directing the sale of certain personal property for the payment of the testator's debts, provided that "the balance of the property, both real and personal," should remain in the possession of the testator's wife, Selina B. Bush, and be hers, during her life or widowhood, for the purpose of raising and educating their three children, and in the event of her marriage, the property, both real and personal, should then be sold for division between the said Selina B. Bush and the children. Seaborn J. Du Bose and the widow, Selina B. Bush, are named as executor and executrix in the will, and were duly appointed and qualified as such, and took charge of the estate. The widow did not marry again until January, 1862; yet on November 13, 1854, she and said Seaborn J. Du Bose applied to the probate court for an order of sale of the land sued for, on the ground that it was for the interest of the estate that said land be sold, and the proceeds reinvested in personal property. The order was granted, and pursuant thereto the land sold December 23 1854, and at the sale said Seaborn J. Du Bose became the purchaser. The sale was reported January 22, 1856, and on the same day confirmed, and a conveyance ordered to be made to said Du Bose. No conveyance was in fact made to Du Bose, but on January 24, 1856, Du Bose and his wife executed a conveyance of said land, and delivered possession thereof, to one Arthur Crews, under whom, by a regular chain of title appellee claims. The possession of Crews, and those holding under him, was proven to have been open, notorious, and exclusive. Selina B. Bush married one E. E. Glover in January, 1862, and Seaborn J. Du Bose and said Selina B Glover resigned and were discharged as executor and executrix, April 26, 1872. No one was appointed administrator until January, 26, 1882, when one Sandy Martin, as sheriff of the county, was appointed. His term of office having expired, the appellant, as his successor in the office of sheriff, was appointed administrator, January 18, 1885. There were no debts against the estate when appellant was appointed, nor at the time this suit was instituted. The appellee filed pleas of the statute of limitations of 20 years, and also of 10 years, and a suggestion of three years' adverse possession. The appellant requested the court in writing to charge the jury that, if they believed the evidence, they must find for the plaintiff. The court refused this charge, and appellant excepted. The court then, on request in writing of the appellee, charged the jury that, if they believed the evidence, they must find for the defendant. The appellant excepted to...
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