Seelye v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by John H. Smith, T. C. Green, D. B. Lucas, and the children and heirs at law of John W. Dalgam, deceased, against Samuel D. Seelye, to recover the possession of a small tract of land near the city of Montgomery, with damages for its detention; and was commenced on the 20th May, 1886. “On the trial,” as the bill of exceptions states, “the plaintiffs showed sufficient…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by John H. Smith, T. C. Green, D. B. Lucas, and the children and heirs at law of John W. Dalgam, deceased, against Samuel D. Seelye, to recover the possession of a small tract of land near the city of Montgomery, with damages for its detention; and was commenced on the 20th May, 1886. “On the trial,” as the bill of exceptions states, “the plaintiffs showed sufficient title in themselves to recover, unless their right and title was defeated by the defendant’s evidence; and the defendant…
1Opinion of the CourtClopton, J.
— In defense of a statutory real action, brought by appellees to recover the land in controversy, the appellant set up a title derived from a purchaser at a sale by the register under a decree of the Chancery Court, rendered on a bill tahen pro confesso, without personal service, to which three of the plaintiffs were defendants, and who did not appear. Sections 3830-3835 of the Code of 1876, which correspond with sections 3489-3495 of Code of 1886, provide, among other provisions not necessary to be mentioned, *28that a decree made against a defendant without personal service, who does not…
2Cases cited8 opinions
- Harvey v. TylerSupreme Court of the United States · 1865
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Sayre v. Elyton Land Co.Supreme Court of Alabama · 1882
- Whitlow v. EcholsSupreme Court of Alabama · 1884
- Dawson v. LitseyCourt of Appeals of Kentucky · 1874
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3Cited by5 opinions
- Dake v. SewellSupreme Court of Alabama · 1905
- Dickens v. DickensSupreme Court of Alabama · 1911
- Winkleman v. WhiteSupreme Court of Alabama · 1906
- González v. AngladaSupreme Court of Puerto Rico · 1925
- Crow v. SmithSupreme Court of Alabama · 1922