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MacPHERSON v. TILLMAN

81-494.

414 So.2d 943 (1982)

Mary Lee MacPHERSON v. Gordon TILLMAN, et al.

Supreme Court of Alabama.

May 28, 1982.

Attorney(s) appearing for the Case

T. Schram Woodroof of Woodroof & Woodroof, Athens, for appellant.

W. W. Malone, Jr. and Alice J. Hancock of Malone, Owens, Hancock & Totten, Athens, for appellees.

FAULKNER, Justice.

James A. MacPherson and his brother, Cuthbert, owned 100 acres of land in Limestone County as tenants in common. Mary Lee MacPherson became the wife of Cuthbert in 1942. Mary and Cuthbert moved into a house on the 100 acre tract of land. James A. MacPherson also lived in the house from time to time.

James smoked a pipe, much to the annoyance of Mary. In 1959, the two brothers transferred one acre from the 100 tract of land to Mary. She built...

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