Pitts v. Darby
Cases that cite this one
10 later published cases cite this decision.
- Hendley v. First Nat. Bank of Huntsville (Ala. 1937)
- McCary v. Crumpton (Ala. 1958)
- Self v. Self (Ala. 1925)
- Lucas v. Kirk (Ala. 1963)
- Walker v. Coley (Ala. 1956)
- Case v. Conservation & Land Co. (Ala. 1951)
- McCullough v. McCullough (Ala. 1945)
- Wilkerson v. Sorsby (Ala. 1922)
- Spencer v. Hurd (Ala. 1918)
- Loper v. Dickey (Ala. 1914)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Since the instrument purporting to be a testamentary disposition of lands in this state owned by Alex P. Brevard, a resident of North Carolina, was not attested by two witnesses, as required by Code, § 6172, to pass the title to real estate — a fact appearing upon the face of the record authenticated by the superior court of North Carolina, in which the instrument was probated, to the probate court of Lowndes county, Ala., in which the lands lie — the authority of Blacksher Co. v. Northrup, 176 Ala. 190, 57 South. 743, 12 L. R. A. (N. S.) 454, requires the affirmance of the decree sustaining the demurrers to the bill, with the result that the lands in this state descend under our statutes of descent and distribution, not affected by the testamentary instrument referred to before.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.