Goode v. Temple

Statutory action of ejectment.

Both parties claim through Anna B. Giles, deceased, the common source of title; the plaintiff as her heir at law, and defendant as surviving husband of her vendee under executory contract to convey.

Without dispute the purchase money was never fully paid. It was long past due when suit begun.-

The right to sue in ejectment to recover possession in such case is not to be questioned. Clements v. Taylor, 65 Ala. 363; Walker v. Crawford, 70 Ala. 567; Micou v. Ashurst, 55 Ala. 607; Morgan v. Casey, Adm’r, 73 Ala. 222.

No adverse possession presented a bar. Without…