Watson v. Williamson

• Decision Date: 18 April 1901
• Citation: 129 Ala. 362,30 So. 281
• Parties: WATSON v. WILLIAMSON ET AL.
• Court: Alabama Supreme Court

30 So. 281

129 Ala. 362

WATSON v. WILLIAMSON ET AL.

Supreme Court of Alabama

April 18, 1901

Appeal from city court of Talladega; G. K. Miller, Judge.

Action by Tabitha Williamson and others against D. W. Watson. Judgment for plaintiffs. Defendant appeals. Affirmed.

The suit was instituted on August 8, 1899. The defendant pleaded the general issue and the statute of limitations of ten years, and also suggested, by special plea, adverse possession for three years. The plaintiffs were the children and grandchildren of James D. Truss, who was a son of Enos Truss, deceased. Enos Truss died on May 15, 1875, leaving a last will and testament. This will was duly admitted to probate, on petition by James D. Truss, who was named as executor, on July 12, 1875. This will as probated was introduced in evidence. The portions of the will relating to the devise of the land, and having reference to the present suit, were in words and figures as follows: "My lands of whatever description and wheresoever situated, together with all the rents, profits, and proceeds thereof, I give to her, my said wife, during her natural life. And at the death of my said wife, Tabitha Truss, it is my will and desire that three disinterested and discreet commissioners be appointed by the judge of probate to divide said land into five equal shares, as nearly as practicable, to be drawn for by lot, for division among my lawfully begotten heirs, and each share of said lands to be held and controlled by the heir drawing the same, for the use of him or her self and his or her lawfully begotten heirs during his or her natural life, and each said share, in case of decease of either of my said heirs, shall descend to his or her lawful heirs, to be by them disposed of as they may severally determine. Except that it is my will and desire that if my daughter Elizabeth Clay, wife of John Clay, should die before the death of Alexander W. Bell husband of her daughter Nancy E. Bell, all of her share shall descend to and for her daughter Marina T. Coleman, and other lawful heirs of her body. But, in the event the said A. W Bell should die before the death of my daughter Elizabeth Clay, then her daughter Nancy E. Bell shall take an equal share with other lawful heirs," etc. "It is further my will and desire that, in case any portion of my said estate should be taken in payment of liabilities for which I am responsible of any of my said heirs, that so much as may be applied thereunto shall be deducted from the share of said heir or heirs." The cause was submitted upon an agreed statement of facts, which was as follows: "It is further agreed that James D. Truss died on the 27th day of January 1899, and Mrs. Tabitha Truss, wife of Enos Truss, died before 20th of March, 1886. It is further agreed that D. W. Watson acquired his title in the following manner: That James D Truss, the father of the plaintiffs, on the 20th day of March, 1886, transferred and conveyed to Miss Marina T Coleman all the right, title, and interest in the property which he acquired by the will of his father, Enos Truss, in the manner as set forth in the agreement executed on the 20th day of March, 1886, which agreement was witnessed by A. W. Bell and G. A. Ash. The execution of such instrument is admitted. A bill was filed by Arthur T. Wood, administrator de bonis non with will annexed of the estate of Enos Truss, against John T. Truss and others, on the 10th day of June, 1887, praying chancery court to assume jurisdiction for an administration of the estate, and payment of the debts, and division of the property among the heirs. That a decree of partitionin said suit was rendered on the 14th of March, 1888, ordering the register to divide the lands as provided in the will on the 30th day of May, 1888. This division was made, and Miss Marina T. Coleman in such division acquired the lands sued for, as the assignee and transferee of James D. Truss, and that a decree confirming said partition on September 14, 1888, was entered in said cause. That, immediately after this land sued for was set apart and drawn as shown by the proceedings in said chancery court above referred to, Marina T. Coleman went into possession under such decree and partition, and that her heirs, Mrs. Bell and the children of Mrs. Bell, from whom the defendant acquired title, and the defendant have been in actual possession under such decree, claiming to own the same in fee, continuously to this time, under such partition and decree, and were in possession at the time this suit was brought. It is further agreed that Marina T. Coleman died and willed the property described in this suit to Katie Bell, Minna Bell, Charlie B. Bell, French Bell, Fred Bell, W. T. Bell, Jr., and Chester Bell, jointly, and that her title passed by such will to the parties above named, and that a petition for the sale of these lands was filed by Minna Bell against the other joint owners on November 18, 1896, and that the same was sold for division, and bought by the defendant, D. W. Watson, on the 25th day of January, 1897, for $704 cash, said sale purporting to sell a fee-simple title, and that D. W. Watson bought under decree, and paid in cash the above sum, which was the reasonable market value for the fee-simple...