Foy v. Wellborn
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. J. M. Carmichael. This was a statutory action of ejectment brought by the appellees against John P. Foy, as administrator of the estate of Mrs. Welborn, deceased, and George M. Jordan, who was tenant in possession of the land sued for. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Barbour. Tried before the Hon. J. M. Carmichael. This was a statutory action of ejectment brought by the appellees against John P. Foy, as administrator of the estate of Mrs. Welborn, deceased, and George M. Jordan, who was tenant in possession of the land sued for. The facts of the case are sufficiently stated in the opinion. All exemptions are statutory or constitutional, and must be governed by the law in force at the time the right to them accrues. Wellborn died in the city of Eufaula, Ala., in March, 1872, and at the time of his death he was a resident…
1Opinion of the CourtBrickell, C. J.
This was a statutory real action in the nature of ejectment, instituted by the appellees, the heirs at law of Lycurgus Wellborn, to recover the possession of a half of a lot situate in the city of Eufaula. By consent, the defendants, not pleading the general issue of not guilty, which would have included all defenses, not matter puis darrien continuance, interposed three special pleas — the statute of limitations of twenty years ; the statute of limitations of ten years; adverse possession of ten years.
The facts, as shown by the record, are, that the ancestor of the plaintiffs died in March,…
2Cases cited9 opinions
- Kirk v. SmithSupreme Court of the United States · 1829
- Robinson v. AllisonSupreme Court of Alabama · 1892
- Doe ex dem. Shelton v. CarrolSupreme Court of Alabama · 1849
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- Inge v. MurphySupreme Court of Alabama · 1848
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3Cited by11 opinions
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- Hays v. LemoineSupreme Court of Alabama · 1908
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