Sharpe v. Brantley
Supreme Court of Alabama
Appeal from tlie Circuit Court of Marengo. Tried.before the Hon. J. J. Banks. This was a statutory action of ejectment, which was originally brought on June 12th, 1895, by the appellants, A. Y. Sharpe & Sons against Robert Hyman. Upon motion of Ida Brantley, wlio was the landlord of Roben Hyman, she was made a party defendant to the suit. The defendants pleaded the general issue.
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Appeal from tlie Circuit Court of Marengo. Tried.before the Hon. J. J. Banks. This was a statutory action of ejectment, which was originally brought on June 12th, 1895, by the appellants, A. Y. Sharpe & Sons against Robert Hyman. Upon motion of Ida Brantley, wlio was the landlord of Roben Hyman, she was made a party defendant to the suit. The defendants pleaded the general issue. The evidence for the plaintiff's tended to show the following facts, upon which are based the plaintiffs’ claim to the property sued for: The plaintiffs brought an attachment suit against Floyd Brantley, the husband…
1Opinion of the CourtMcCLELLAN, C. J.
Brantley, the defendant in the execution under which plaintiffs purchased, did not have the legal title to the land sued for but only a perfect equity, and plaintiffs, therefore, did not acquire the legal title by that purchase, but only an equitable title which will not support this statutory real action for the recovery of the land.
The action not being against the defendant in said execution, there is manifestly no room in the case for the doctrine contended for by appellants, that where “the defendant in the judgment is the tenant in possession, against whom the action is commenced, the…
2Cases cited1 opinion
- Ward v. WardSupreme Court of Alabama · 1895
3Cited by4 opinions
- Langley v. AndrewsSupreme Court of Alabama · 1902
- Henry v. BrownSupreme Court of Alabama · 1904
- Cloud v. DeanSupreme Court of Alabama · 1924
- Harrison v. AlexanderSupreme Court of Alabama · 1902