Webb v. Ballard
Supreme Court of Alabama
ApeeaXi from Randolph. Circuit Court. Tried before Hon. J. R. Dowdell. Milton Webb brought suit in ejectment against Joshua Ballard for lands claimed by both parties through the same sale by an administrator. There was a trial of one of the questions involved in this case, in the Probate Court, and the appeal taken in that case is reported in 90 Ala. 357.
1Opinion of the CourtStone, C. J.
— This was a statutory real action, brought by Webb against Ballard, for the recovery of a small tract of land in Randolph county. The land had been the property of one Presnell, and he died seized and possessed of it. Perryman became administrator of his estate, and in December, 1879, he obtained an order in the Probate Court of the county for the sale of the land for division among the heirs. The sale was made in January, Í880, and Webb, being the highest bidder, became the purchaser of the 120 acres sued for in this action. Up to this point both parties concede that the proceedings were in…
2Cases cited2 opinions
- Pruitt v. HollySupreme Court of Alabama · 1882
- Webb v. BallardSupreme Court of Alabama · 1890
3Cited by4 opinions
- Sanders v. SteenSupreme Court of Alabama · 1900
- Diamond v. StateAlabama Court of Appeals · 1916
- Dickey v. StateAlabama Court of Appeals · 1916
- Gill v. DailySupreme Court of Alabama · 1894