Wiggins v. Steiner
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. John R. Tyson. The present appeal is prosecuted from a judgment of the circuit court refusing to grant a petition of the appellant to set aside and annul a judgment recovered by the appellees in an action of ejectment against the appellant, and also to vacate and set aside the writ of possession issued upon said judgment. The facts of the case are sufficiently stated in the opinion.
Read the full summary
Appeal from the Circuit Court of Butler. Tried before the Hon. John R. Tyson. The present appeal is prosecuted from a judgment of the circuit court refusing to grant a petition of the appellant to set aside and annul a judgment recovered by the appellees in an action of ejectment against the appellant, and also to vacate and set aside the writ of possession issued upon said judgment. The facts of the case are sufficiently stated in the opinion. The judgment is void on its face for failure to designate the county or district in which the land recovered by the plaintiif is situated. The court…
1Opinion of the CourtColeman, J.
At the June term, 1892, of the circuit court of Butler county, Steiner & Co., appellees, recovered a judgment in ejectment against Wiggins, the appellant; and in May, 1893, the clerk issued a writ of possession commanding the sheriff to put the plaintiffs in possession of the land. Thereupon the appellant., Wiggins, who was the defendant in the ejectment suit, filed a petition in the circuit court, and prayed the court to set aside and annul the judgment in ejectment, and also the writ; of possession issued by the clerk. At the Spring term of the court, upon motion of 'the appellees, the…
2Cases cited6 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Carlisle v. KillebrewSupreme Court of Alabama · 1889
- Buchanan v. ThomasonSupreme Court of Alabama · 1881
- Taylor v. HarwellSupreme Court of Alabama · 1880
- Kohn, Leberman & Co. v. HaasSupreme Court of Alabama · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- A. G. Story Mercantile Co. v. McClellanSupreme Court of Alabama · 1906
- Goodwin v. FormanSupreme Court of Alabama · 1896
- Chandler v. PriceSupreme Court of Alabama · 1943
- Spears v. WiseSupreme Court of Alabama · 1914
- Timms v. ScottSupreme Court of Alabama · 1946
1 more not listed; retrieve them via the Exa API.