Peavy v. Griffin
Supreme Court of Alabama
Ejectment. Appeal from Butler Circuit Court. Heard before Hon. J. C. Richardson. Ejectment by L. S. Peavy and others against Jim Griffin and others, statutory in its nature. There was judgment for defendant and plaintiff appeals.
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Ejectment. Appeal from Butler Circuit Court. Heard before Hon. J. C. Richardson. Ejectment by L. S. Peavy and others against Jim Griffin and others, statutory in its nature. There was judgment for defendant and plaintiff appeals. Petition did not set out sufficient facts to give the court jurisdiction to order the sale on which the title is based.- — White v. McCor vey, 63 Ala. 436; 73 Ala. 116. The costs accruing in the administration of the estate will not authorize a sale of land for the payment of such cost or debt; neither wll debts created by previous administrators authorize the sale…
1Opinion of the CourtDowdell, J.
This is a statutory action in the nature of ejectment, brought by the plaintiffs against the defendants for the recovery of certain land described i n the complaint. The plaintiffs claimed title to the land as heirs at law of W. J. Peavy, deceased. The defendants claim title by deed from the administrator of the estate of the deceased Peavy under proceedings had in the probate court for the sale of land for the payment, of debts of the deceased. For the purpose of showing their title, the defendants were permitted, over the objections of the plaintiffs, to introduce in evidence the records of…
2Cases cited8 opinions
- Landford v. DunklinSupreme Court of Alabama · 1882
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
- Allen v. KellamSupreme Court of Alabama · 1881
- Cotton v. HollowaySupreme Court of Alabama · 1893
- Sims v. WatersSupreme Court of Alabama · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Louisville & N. R. Co. v. TallySupreme Court of Alabama · 1919
- Davidson v. QuigleySupreme Court of Alabama · 1942