Legal Opinion

Green v. Stephens

Supreme Court of Alabama

Decided December 21, 1916PublishedCited by 17 opinions

Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. Ejectment by A. B. Green against Marshall L. Stephens and others, in which John F. and Charles F. Fugazzi intervened as parties defendant. Judgment allowing redemption by intervening defendants, and plaintiff appeals.

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Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. Ejectment by A. B. Green against Marshall L. Stephens and others, in which John F. and Charles F. Fugazzi intervened as parties defendant. Judgment allowing redemption by intervening defendants, and plaintiff appeals. The motion is as follows: Now comes defendants, John F. and Charles F. Fugassi, and shows unto the court that plaintiff claims title to the land as described in the complaint under and by virtue of a tax sale, and that they were the owners of said land at the time of said tax sale, and they move the court to…

1Opinion of the CourtSayre, J.

Statutory action in the nature of ejectment. Plaintiff, who claimed under a purchaser at tax sale, brought his action against Stephens, the terre tenant, within 3 years of the date when the purchaser became entitled to a deed to the premises, and about 14 months after the probate judge had executed a deed to plaintiff’s vendor. The record shows that John and Charles Fugazzi,-the owners of the property at the time of the tax sale and landlords under whom Stephens held, came in and were made parties defendant according to the provision of section 3844 of the Code. The substituted defendants…

2Cases cited1 opinion

  1. City of Huntsville v. PulleySupreme Court of Alabama · 1914

3Cited by17 opinions

  1. Bell v. PropstSupreme Court of Alabama · 1930
  2. Burdett v. RossiterSupreme Court of Alabama · 1930
  3. Georgia Loan & Trust Co. v. Washington Realty Co.Supreme Court of Alabama · 1921
  4. Gordon v. McLemoreSupreme Court of Alabama · 1939
  5. Bobo v. Edwards Realty Co.Supreme Court of Alabama · 1947

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