Harvey v. Doe ex dem. Carlisle
Supreme Court of Alabama
Error to the Circuit Court of Russell. Tried before the Hon. John Gill Shorter. Ejectment, the declaration laying separate demises from Matilda Harvey and Robert Carlisle.
Read the full summary
Error to the Circuit Court of Russell. Tried before the Hon. John Gill Shorter. Ejectment, the declaration laying separate demises from Matilda Harvey and Robert Carlisle. On the trial below, the plaintiff offered in evidence a deed to the premises sued for, made hy Wiley Harvey and wife to Matilda Harvey, on the 7th January, 1847, witnessed by two subscribing witnesses, and acknowledged as follows: “ The State oe Alabama, ) I, John B. Tate, an acting Russell County. $ justice of the peace for said county, do hereby certify that the above mentioned Wiley Harvey, and Nancy Harvey, his wife,…
1Opinion of the CourtGoldth Waite, J.
The main question in this case arises on the deed from Matilda Harvey to Carlisle. It is conceded by the plaintiff in error, that it is void as to Wiley Harvey, by reason of his being in adverse possession of the land described in it, at the timo of its execution, and this would defeat a recovery on the demise from Carlisle. If this deed is void as to the party holding adversely, it would seem to follow that the plaintiff below would have been entitled to a recovery on the deed from Wiley Harvey to Matilda Harvey, under the demise in the declaration from her. To meet this view tho counsel for…
2Cases cited4 opinions
- Wolcot v. KnightMassachusetts Supreme Judicial Court · 1810
- Williams v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1809
- University of Vermont v. JoslynSupreme Court of Vermont · 1848
- Edwards v. RoysSupreme Court of Vermont · 1846
3Cited by4 opinions
- Doe ex dem. Trotter v. MoogSupreme Court of Alabama · 1907
- Thompson v. MarshallSupreme Court of Alabama · 1860
- Grant v. NationsSupreme Court of Alabama · 1911
- Stringfellow v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1897