Claraday v. Abraham
Supreme Court of Alabama
Appeal from Lawrence Circuit Court. Heard before Hon. T). W. Speake. Ejectment by Jacob' Abraham against Archie Clarady and others. Judgment for plaintiff and defendants appeal. The description was uncertain. — Hurt v. Freeman, 63 Ala. 335. Tlie court committed error in striking the pleas. —A. G. 8. w.
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Appeal from Lawrence Circuit Court. Heard before Hon. T). W. Speake. Ejectment by Jacob' Abraham against Archie Clarady and others. Judgment for plaintiff and defendants appeal. The description was uncertain. — Hurt v. Freeman, 63 Ala. 335. Tlie court committed error in striking the pleas. —A. G. 8. w. Clark, 136 Ala. 461; Otoensboro Wagon Go. o-. Hall, 149 Ala. 210. Under tlie facts in this case evidence of fraud was admissible as going to the merits of plaintiff’s titles. — Rodgers o. Brent, 50 Am. Dec. 422; S-wift v. Fitshugh, 9 Fort. 39; Tumipseed v. McMath, 13 Ala. 44; Brown v. Hunter,…
1Opinion of the CourtSayre, J.
The complaint folloAvs the Code form in ejectment, except that in the caption plaintiff describes himself as trustee, thus indicating a beneficial OAvner*132ship of the land sued for in another. Causes in ejectment are determinable upon the legal title, and are none the less so when there is a separation of the legal and equitable titles. It would seem to be scarcely necessary to say that the statute requiring suits on contracts for the payment of money to be prosecuted in the name of the party really interested has no relation to suits in ejectment.- — Dane v. Glennon, 72 Ala. 160.
The land sued…
2Cases cited9 opinions
- Bell v. OttsSupreme Court of Alabama · 1893
- Bynum v. GoldSupreme Court of Alabama · 1894
- Swift v. FitzhughSupreme Court of Alabama · 1839
- Frank v. MyersSupreme Court of Alabama · 1892
- Foster v. JohnsonSupreme Court of Alabama · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lyons v. TaylorSupreme Court of Alabama · 1936
- Plunkett v. DendySupreme Court of Alabama · 1916
- Gandy v. HaglerSupreme Court of Alabama · 1944
- Huntsville Knitting Mills v. ButnerSupreme Court of Alabama · 1917
- Bowden v. TurnerSupreme Court of Alabama · 1942
3 more not listed; retrieve them via the Exa API.