Reeves v. Reeves

• Decision Date: 20 April 1922
• Docket Number: 4 Div. 983.
• Citation: Reeves v. Reeves, 207 Ala. 362, 92 So. 551 (Ala. 1922)
• Parties: REEVES v. REEVES.
• Court: Alabama Supreme Court

92 So. 551

207 Ala. 362

REEVES v. REEVES.

4 Div. 983.

Supreme Court of Alabama

April 20, 1922

Appeal from Circuit Court, Coffee County; A. B. Foster, Judge.

Action by Lillie Reeves against Mattie Reeves and another for the recovery of property in specie. Judgment for the plaintiff and the defendant, Mattie Reeves, appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. Reversed and remanded.

W. W Sanders, of Elba, for appellant.

J. M Loflin, of Elba, for appellee.

SAYRE J.

Omitting mention of items of property, judgment as to which is not now contested, appellee, claiming in the right of her husband deceased, brought this statutory action of detinue against appellant to recover 100 bushels of corn, 250 bales of hay, one cow and her calf.

Corn and hay: Defendant was the mother of the deceased husband of plaintiff. Deceased, a young man of 26 years, had lived on the land with his mother from birth. The land belonged to his mother. It was shown without dispute that corn and hay-except about 30 bushels of the corn which deceased had raised on another place-was produced by the joint efforts of deceased and his mother, and was stored in her barn. There had been no contract between them in respect of the ownership or division of the crops raised by their joint efforts; deceased had continued to work on the farm in the same general way ever since he was big enough to work. Our judgment is that the hay and so much of the corn as was raised by the joint efforts of deceased and his mother was owned by them-plaintiff in the right of her deceased husband-as tenants in common. The 30 bushels of corn belonged, of course, to plaintiff; but her husband had commingled it with the other corn in the...