Caldwell v. Smith
Supreme Court of Alabama
Statutory Real Action in nature of Ejectment, by Purchaser at Mortgage Sale against Mortgagor. Appeal from the Circuit Court of Wilcox. Tried before the Hon. John Moore.
Read the full summary
Statutory Real Action in nature of Ejectment, by Purchaser at Mortgage Sale against Mortgagor. Appeal from the Circuit Court of Wilcox. Tried before the Hon. John Moore. This action was brought by Albert A. Smith, against J. Decatur Caldwell, to recover the possession of a tract of land particularly described in the complaint, with damages for its detention ; and was commenced on the 29th July, 1879. In the original summons and complaint the plaintiff was described as suing “ for the use of John D. Alexander, Alexander C. Davidson, Frederick A. McNeill, and John T. ITollis;” but, after…
1Opinion of the Court
SOMERYILLE, J. —
1. There is no error in the action of the court allowing the plaintiff to amend his complaint, by striking out the beneficiaries for whose use the suit-purported to be brought. We so ruled in Dane v. Glennon, 72 Ala. 160, where we held, that sections 2890-91 of the Code (1876) had no application to suits in ejectment.
2. The demurrers to the second and third pleas .were properly sustained, these pleas being defective for failure to aver a delivery of the money to the clerk of the court, which money is alleged to have been tendered to the plaintiff for the redemption of the…
2Cases cited7 opinions
- Houston v. FarrisSupreme Court of Alabama · 1882
- Farris & McCurdy v. HoustonSupreme Court of Alabama · 1883
- Hill's Adm'r v. Huckabee's Adm'rSupreme Court of Alabama · 1881
- Randolph v. CarltonSupreme Court of Alabama · 1845
- Norwood v. Kirby's Adm'rSupreme Court of Alabama · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Hodges v. WinstonSupreme Court of Alabama · 1891
- Taylor v. CrookSupreme Court of Alabama · 1902
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- LeGrand v. Eufaula National BankSupreme Court of Alabama · 1886
31 more not listed; retrieve them via the Exa API.