Lightfoot v. Doe, on the Demise of the Heirs of Lewis
Supreme Court of Alabama
Writ of error to the Circuit Court of Greene County. EJECTMENT to recover a tract of land,-described in the declaration. Plea; Not guilty. The lessors of the plaintiff claimed title, as the heirs at law of Richard S. Lewis.
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Writ of error to the Circuit Court of Greene County. EJECTMENT to recover a tract of land,-described in the declaration. Plea; Not guilty. The lessors of the plaintiff claimed title, as the heirs at law of Richard S. Lewis. The defendant, to show an outstanding title in another, offered in evidence, the transcript of certain proceedings had in the Orphans’ court of Greene county, on the petition of James Wills, as the administrator of the said Richard S; Lewis, for the sale of the land which is sought to be recovered in this action, of which Lewis diedseized, for the purpose of paying his…
1Opinion of the CourtGoldthwaite, J.
— 1. The proceedings had in the Orphans’ court of Greene county, under which the defendant in this ejectment suit, attempted to set upan outstanding title, were instituted under the provisions of an act, passed in 1822, entitled “ an act to authorize administrators to sell lands belonging to the estates of their intestates, to which a complete title has not been obtained.”* (Aikin’s Dig. 180, 181.) The decision in Wyman v. Campbell’s heirs, (6 Porter 220,) is based on the construction of the proviso, of the act of 1820, (Aikin’s Dig. 155,) but the principle of that case applies equally to all…
2Cited by15 opinions
- King v. Kent's HeirsSupreme Court of Alabama · 1857
- Doe ex dem. Saltonstall v. RileySupreme Court of Alabama · 1856
- Lyons v. HamnerSupreme Court of Alabama · 1887
- Wallace v. Hall's HeirsSupreme Court of Alabama · 1851
- Matheson's Heirs v. HearinSupreme Court of Alabama · 1856
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