Gantt v. Doe ex dem. Cowan
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was brought bv Robert H. Cowan and Thomas Cowan, against Edward Gantt, for the recovery of a town lot in Selma.
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Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was brought bv Robert H. Cowan and Thomas Cowan, against Edward Gantt, for the recovery of a town lot in Selma. The title adduced by the plaintiffs was, 1st, a quit-claim deed from Jesse Beene to Jeremiah Pitman, dated January 14, 1881; 2d, a quit-claim deed from said Pitman to Thomas H. Cowan, dated January 24, 1838 ; 3d, a quit-claim deed from said Thomas H. Cowan to themselves, dated March 4, 183-8; and, 4th, “ oral testimony tending to show that the lot in controversy was the same lot mentioned in said…
1Opinion of the Court
CHILTON, 0. J.
The defendant claimed the land in this case under a purchase made at a sale by the coroner, in virtue of an execution against Thomas H. Cowan and another. The land was levied on, as appears by the recitals in the deed, as the property of said Cowan, — was sold as his property, and conveyed by the coroner to Woodall, the purchaser, who conveyed to Gantt, the defendant.
The plaintiff also claims the same lot by conveyance from Thomas H. Cowan, through mesne conveyances to himself. The case, therefore, is a very plain one. As both parties claim through Thos. H. Cowan, the defendant…
2Cases cited3 opinions
- Jackson ex dem. Danforth v. MurrayNew York Supreme Court · 1815
- Jackson ex dem. Colton v. HarperNew York Supreme Court · 1830
- Brock v. YongueSupreme Court of Alabama · 1843
3Cited by8 opinions
- Doyle v. WadeSupreme Court of Florida · 1887
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Pendley v. Madison's Adm'rSupreme Court of Alabama · 1887
- Gardner v. BootheSupreme Court of Alabama · 1857
- Perolio v. Doe ex dem. Woodward Iron Co.Supreme Court of Alabama · 1916
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