Smith v. Cox
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the lion. William S. Anderson. This was a common law action of ejectment, brought by the appellant, Lizzie Smith, against the appellee, Theodore H. Cox. There was much pleading in the case, and many exceptions reserved to the rulings of the court thereon; but it is unnecessary to set out these pleadings in detail.
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Appeal from the Circuit Court of Mobile. Tried before the lion. William S. Anderson. This was a common law action of ejectment, brought by the appellant, Lizzie Smith, against the appellee, Theodore H. Cox. There was much pleading in the case, and many exceptions reserved to the rulings of the court thereon; but it is unnecessary to set out these pleadings in detail. The claims of the plaintiff and defendant, respectively, and the property sued for, are set forth in the opinion. Upon the defendant offering to introduce in evidence the tax deed under which he claimed title, there was an…
1Opinion of the CourtHaralson, J.
1. The appellant brought ejectment against appellee. Defendants pleaded not guilty, and in addition two special pleas, followed by much sparring in the way of pleading, on each side, bringing to light, at last, nothing that was not provable under the general issue, and of which the parties did not have the benefit, on the trial under that issue. The only appropriate plea in the trial of this action is “ not guilty, ’ ’ and under it, anything that operates as a bar to the action may be given in evidence. We see nothing in the case which makes it important for us to notice the special pleadings…
2Cases cited9 opinions
- Bynum v. GoldSupreme Court of Alabama · 1894
- National Bank v. Baker Hill Iron Co.Supreme Court of Alabama · 1895
- Doe ex dem. Hughes v. AndersonSupreme Court of Alabama · 1885
- Lassitter v. LeeSupreme Court of Alabama · 1880
- Johnson v. HarperSupreme Court of Alabama · 1894
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3Cited by15 opinions
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Manby v. VoorheesNew Mexico Supreme Court · 1921
- Roman v. LentzSupreme Court of Alabama · 1912
- Union Central Life Ins. v. State Ex Rel. WhetstoneSupreme Court of Alabama · 1933
- Lathem v. LeeSupreme Court of Alabama · 1947
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