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Kirksey v. Kirksey

Supreme Court of Alabama
8 Ala. 131 (1845)

Kirksey v. Kirksey

Facts

Antillico Kirksey (Antillico) (plaintiff) was the wife of Henry Kirksey, the brother of Kirksey (defendant). Antillico and Kirksey lived approximately sixty miles apart. In 1840, Henry died, and Kirksey wrote a letter to Antillico. He stated that he felt bad for the situation of Antillico and her children, and promised that if she would come see him, he would provide her with a place to raise her family on his land. A month after receiving the letter, Antillico moved her family to Kirksey’s land. Kirksey provided them with a comfortable house on his land for two years. However, for the third year, he provided them with an uncomfortable house in the woods. After that year, he asked them to leave. Antillico brought suit seeking performance of Kirksey’s promise. At trial, the jury found for Antillico and awarded her $200 in damages. Kirksey appealed.

Rule of Law

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Issue

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Holding and Reasoning (Ormond, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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