92 So. 904 | Ala. | 1921
Lead Opinion
A. H. Laird died in 1876, seised and possessed of the land here in controversy. His widow remained on this land after his death, and shortly thereafter dower in it was assigned to her. Then she intermarried with one Tully, and is still living. Defendants are lineal descendants of Laird and his heirs at law. Laird had purchased the land from one May, and at the time of his death May held a vendor's lien as security for the purchase price. The record of a decree in chancery in a cause entitled "M. A. May v. M. M. Guin et al.," dated November 12, 1879, and purporting to declare a vendor's lien on the property in favor of May and ordering a sale, was introduced in evidence. By this decree the register was directed to sell first the reversionary interest in the land, and, in the event a satisfactory sum to satisfy the lien of complainant in that cause was not so realized, then the dower interest. Tully became the purchaser, and the sale to him was confirmed by the court. Complainants in this cause trace their title through mesne conveyances back to Tully. They have improved their several parcels, and they, or their predecessors in claim and title, have been in possession for more than 20 years. Unless barred by the proceeding in the chancery court, appellants are still the owners of an estate in reversion in the land in question. This bill was filed by appellees, in 1918, under the statute, to settle the title and clear up all doubts or disputes concerning the same.
M. M. Guin was administrator of Laird's estate. The complete record in the cause of May v. Guin was not offered in evidence; for what reason we do not know, but no question as to that is raised. We will assume that defendants in this cause were not parties to that. However, it does not necessarily follow that defendants have not been barred of their reversion by their failure for more than 40 years to assert their rights. It is true that in general the prescriptive period of 20 years does not begin to run against a remainderman or reversioner until he has a right to sue for the possession; that is, until the determination of the estate for life. We may cite to this proposition Bass v. Bass,
But in this case, as in Woodstock Iron Co. v. Fullenwider,
It follows from the principle thus established that there was no error in the decree rendered in the trial court.
Affirmed.
ANDERSON, C. J., and GARDNER and MILLER, JJ., concur.
Addendum
The court is of the opinion that the ruling in this cause has deprived appellants of neither due process nor equal protection of the law, nor does it in any wise contravene the Constitution of the United States or of this state.
ANDERSON, C. J., and SAYRE, GARDNER, and MILLER, JJ., concur. *177