52 So. 442 | Ala. | 1910
The original bill in this case was filed by the appellee against the appellant to remove á cloud from her title. The respondent, by answer and cross-bill, set up the claim that the complainant had conveyed the lands in question to her brother, William Pinks-ton, during his life, and that said William Pinkston'and his wife, Lutitia Pinkston, had conveyed the land to
The deed being absolutely void, it is difficult to see how any subsequent act, short of an actual conveyance, could galvanize the original deed into life. Accordingly our court has held distinctly that, when a man dies, after the execution of- such a deed, the land descends to his heirs, and no subsequent acknowledgment by the widow can make the deed effective.—Richardson v. Woodstock Iron Co., 90 Ala. 266, 269, 270, 8 South. 7, 9 L. R. A. 348; Parks v. Barnett et al., 104 Ala. 438, 441, 442, 16 South. 136. The appellant insists that these decisions have no bearing on this case, because the widow-of William Pinkston was his only heir, that the estate vested absolutely in her, and she had a right to convey it. Even if that were a correct statement of the situation, a mere acknowledgment of a deed could not be construed into a conveyance of the property. Her rights, however, were governed by the statutes found in the Code of 1886. Under section 2543 of that Code, the widow’s right wa.s only to occupy the homestead during her life, and it did not vest in her absolutely, unless the estate of her deceased husband -was duly declared insolvent; and, if she abandoned the homestead or attempted to convey it away, her rights ceased. —Munchus v. Harris, 69 Ala. 509; Baker v. Keith, 72 Ala. 121; Barber v. Williams, 74 Ala. 331. The evidence in this case shows that within a yean or two after her husband’s death said widow abandoned the homestead, and is now living in the poorhouse. She tes
Under all the evidence, the court below properly held that the .complainant was entitled to the relief prayed, and that the cross-complainant was not entitled to relief..
The decree of the court is affirmed
Affirmed.