Alvarez v. Warner
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Ejectment by Mattie Alvarez and others against Lloyd E. Warner and others. From the judgment rendered, plaintiffs appeal.
1Opinion of the CourtMayfield, J.
The action is ejectment. Both parties claim title through a common source — appellants as heirs, and appellees as purchasers at a sale of the property in the probate court of Mobile county, the sale being decreed on the petition of the administrator de bonis non of the estate of the common source. If the sale in the probate court divested the title out of the heirs of intestate, then the judgment below is correct; if it did not so divest the title, then the judgment below as for the purchasers is wrong, and it should be reversed.
Whether or not the title was divested out of the heirs by the…
2Cases cited18 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- King v. Kent's HeirsSupreme Court of Alabama · 1857
- Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860
- Doe ex dem. Saltonstall v. RileySupreme Court of Alabama · 1856
- Cotton v. HollowaySupreme Court of Alabama · 1893
13 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Martin v. BainesSupreme Court of Alabama · 1928