Legal Opinion

Lodge v. Wilkerson

Supreme Court of Alabama

Decided December 21, 1911PublishedCited by 15 opinions

Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. Ejectment by Thornton Lodge against- R. B. Wilkerson and others. Judgment for defendant and plaintiff appeals.

Read the full summary

Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. Ejectment by Thornton Lodge against- R. B. Wilkerson and others. Judgment for defendant and plaintiff appeals. (For a former report of this case see Lodge v. Wilherson, 51 South. 69.) The court erred in excluding the deed of the probate judge to Lodge of the tax sale. — Section 2810, Code 1907; Section 2297, Code 1907. The proof cleared any uncertainty or ambiguity in the deed. — Gaston v. McCord, 130 Ala. 318; Brannon v. Henry, 142 Ala. 698; Moody v. A. G. S. 124 Ala. 195; Webb v. Elyton L. Go. 105 Ala. 471; DeJarnette v.…

1Opinion of the CourtSomebville, J.

The plaintiff sues in ejectment for property described in the first count of his complaint as, “Hotel and lot at Notasulga, Alabama, now occupied by said B. B. Wilkerson”; and in the second count as, “One hotel and the grounds on which it rests in Notasulga, Alabama, now occupied by the said B. B. Wilkerson.” In support of his claim he offered to introduce in evidence a tax deed showing a sale against the defendant for delinquent taxes, and conveying to plaintiff “One hotel at Notasulga, Alabama.” The assessment, upon which the delinquency proceedings, sale, and deed were founded, described…

2Cases cited7 opinions

  1. Driggers v. CassadySupreme Court of Alabama · 1882
  2. Wartensleben v. HaithcockSupreme Court of Alabama · 1886
  3. Buckner v. SuggSupreme Court of Arkansas · 1906
  4. Jones v. PelhamSupreme Court of Alabama · 1887
  5. Dane v. GlennonSupreme Court of Alabama · 1882

2 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Winsett v. WinsettSupreme Court of Alabama · 1919
  2. Gunter v. TownsendSupreme Court of Alabama · 1918
  3. Messer v. City of BirminghamSupreme Court of Alabama · 1942
  4. Morris v. WaldropSupreme Court of Alabama · 1925
  5. Pollak v. MilamSupreme Court of Alabama · 1914

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API