National Bauxite Co. v. Republic Mining & Manufacturing Co.
National Bauxite Co. v. Republic Mining & Manufacturing Co.
Opinion of the Court
(After stating the foregoing facts.) In 1872 James E. Jackson executed a deed to his sisters, Harriet B. Jackson and Eaithey C. Hunnieutt, conveying to them land lot 164 in the 4th land district of Wilkinson county. The conveyance to Eaithey C. Hunnieutt created a life-estate in her, and at her death to her four children, Harriet, Walter, Rufus (J. R.), and Dora. The land lot was divided between Harriet B. Jackson and Eaithey C. Hunnieutt, and under the division Harriet B. Jackson took possession of the southern half of the lot and Eaithey 'C. Hunnieutt and children as remaindermen took as their part the northern half, Eaithey Hunnieutt having a life-estate therein, with remainder over to her children. Both the plaintiff and the defendants trace their title to James E. Jackson as common grantor. The statement as to division of lot 164 is taken from a finding of the auditor not excepted to. The auditor also found that there had been a parol partition, between the children of Eaithey 0. Hunnicutt, of the northern half of lot 164, which Eaithey C. Hunnieutt took in the division between herself and Harriet B. Jackson, which partition was made in pursuance of a parol agreement between Eaithey C. Hunnieutt and her children. To the finding of the auditor that the partition and division of the land was valid, and vested the four children of Eaithey C. Hunnieutt with title to the separate parcels of land into which the northern half of lot 164 ■was divided, the plaintiff excepted and says that it was without evidence to authorize it. This exception was overruled by the trial judge, and we think it was properly overruled. We agree with the finding of the auditor, that, “While there was some evidence that seemed to indicate that at certain times this possession [of the children of the life-tenant] was permissive on the part of the life-tenant, the preponderance of evidence shows that the division and possession was by direction and consent of the life-tenant’ for the purpose of placing the title of the property in her several children, and the division was ratified by Dora Daniel, a minor at the time of the division, after she arrived at majority.” And if J. R. Hunnicutt, one of the children, was not of age at the time of the division and partition of the land in controversy, the uncontroverted evidence shows that he ratified, after becoming of age, the division that was’ made under the agreement and by the consent of the life-tenant.
What we have said in reference to the exception to the admission of the testimony of J. B. Hunnieutt applies also to the exceptions to the admission of the testimony of several other witnesses, and to the admission of a certain affidavit in evidence over objection. There was no attempt at all to set forth in the exceptions, either literally or in substance, the evidence alleged to be objectionable.
If the deeds conveying certain portions of the southern half of lot 164 were immaterial, as insisted by the plaintiff in error, because they do not embrace any of the lands in controversy, still their admission in evidence did not hurt the plaintiff in error.
The exceptions of the plaintiff in error not specifically referred to are without merit.
It follows from what is said above that the judgment of the court below is affirmed upon the main bill of exceptions; and. the cross-bills of exceptions filed by the defendants will be dismissed.
Reference
- Full Case Name
- NATIONAL BAUXITE COMPANY v. REPUBLIC MINING AND MANUFACTURING COMPANY at al. et vice versa
- Cited By
- 3 cases
- Status
- Published