Legal Opinion

Stanley v. Johnson

Supreme Court of Alabama

Decided November 15, 1896PublishedCited by 6 opinions

Statutory Action of Ejectment. Appeal from the Circuit Court of Pike. This was a statutory action of ejectment, brought by the appellee, Mary A. Johnson, against the appellant, James Stanley and Nelson Kelley. The defendant, James Stanley, was in possession of all the lands, with the exception of five acres, as-a tenant of one Pike Martin, and Nelson Kelley was in possession • of the five acres referred to, as the tenant of said Pike Martin.

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Statutory Action of Ejectment. Appeal from the Circuit Court of Pike. This was a statutory action of ejectment, brought by the appellee, Mary A. Johnson, against the appellant, James Stanley and Nelson Kelley. The defendant, James Stanley, was in possession of all the lands, with the exception of five acres, as-a tenant of one Pike Martin, and Nelson Kelley was in possession • of the five acres referred to, as the tenant of said Pike Martin. As to their respective holdings, the defendants pleaded not guilty. The plaintiff introduced in evidence the following deeds and conveyances, which…

1Opinion of the CourtColeman, J.

The appellee, Johnson, sued in ejectment to recover certain lands. With the exception of five acres in the possession of Nelson Kelley, one of the defendants, both parties deduce title from Robert Anderson as common source. In December, 1882, Robert Anderson sold and conveyed all the lands sued for by deed of conveyance, to Pike Martin, a married man. Contemporaneously with the purchase and deed of conveyance, Pike Martin executed to the vendor a mortgage to secure the payment of the purchase money. ‘ After the purchase of the land and execution of the deed of conveyance and mortgage, Martin…

2Cases cited6 opinions

  1. Smith v. GayleSupreme Court of Alabama · 1877
  2. Allen v. KellamSupreme Court of Alabama · 1881
  3. Adkins v. BynumSupreme Court of Alabama · 1895
  4. Draper v. WalkerSupreme Court of Alabama · 1893
  5. Glass v. TisdaleSupreme Court of Alabama · 1894

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3Cited by6 opinions

  1. Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
  2. City of Birmingham v. EmondSupreme Court of Alabama · 1934
  3. State Bank of Elberta v. PetersonSupreme Court of Alabama · 1932
  4. Mitchell v. ConwaySupreme Court of Alabama · 1952
  5. J. M. Card Lumber Co. v. OzementSupreme Court of Alabama · 1914

1 more not listed; retrieve them via the Exa API.

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