Henry v. Frohlichstein
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon Samuel B. Browne. Action in tbe nature of ejectment, begun by Amelia Frolichstein against Mary Henry, the facts concerning which are sufficiently stated in the opinion of the court. There was judgment for plaintiff and defendant appeals.
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Appeal from Mobile Circuit Court. Heard before Hon Samuel B. Browne. Action in tbe nature of ejectment, begun by Amelia Frolichstein against Mary Henry, the facts concerning which are sufficiently stated in the opinion of the court. There was judgment for plaintiff and defendant appeals. The rule being universal that a plaintiff in ejectment must show title back to the government or to some one in possession, the court should have sustained the objection to the deed made by Chandler to Peters. — Jackson Lumber Go. v. M cUreary, 137 Ala. 281; Florence B & I. AssO'. v. Schall, 107 Ala. 531. The…
1Opinion of the Court
SIMPSON, J. —
This was a statutory action of ejectment, originally brought by the appellee, “individually and as guardian of Fannie Frolichstein, a lunatic, and for said lunatic’s use,” against the appellant. During the progress of the case the complaint was amended by *333striking out the words “individually and as guardian of Fannie Froliclistein, a lunatic, and for said lunatic’s use,” thus converting the action into the suit of the plaintiff alone in her individual capacity. Appellant claims that this was introducing a new cause of action,: and not allowable, and that the allowance of it was…
2Cases cited8 opinions
- Lucas v. PittmanSupreme Court of Alabama · 1891
- Sanders v. KnoxSupreme Court of Alabama · 1876
- Eagle & Phœnix Manufacturing Co. v. GibsonSupreme Court of Alabama · 1878
- Lowery v. RowlandSupreme Court of Alabama · 1893
- Harris v. Swanson & Bro.Supreme Court of Alabama · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Donahoo v. StateCourt of Criminal Appeals of Alabama · 1986
- Brannan v. HenrySupreme Court of Alabama · 1912
- Veitch v. HardSupreme Court of Alabama · 1917
- Pfaffman v. CaseSupreme Court of Alabama · 1953