Evans v. Welch
Supreme Court of Alabama
Appeal from tbe Circuit Court of Talladega. Tried before tbe Hon. Geo. H. Craig. This action was brought by Geo. Eiser, William A. Welch, A. D. Bell, M. L. Wilson, and Martha Pope, against William J. Evans and several other persons, who were his tenants, to recover a certain tract of land in said county, with damages for its detention; and was commenced on the Bd February, 1874. The lands had belonged to George 0. Player, and both parties claimed under him, by conveyances as…
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Appeal from tbe Circuit Court of Talladega. Tried before tbe Hon. Geo. H. Craig. This action was brought by Geo. Eiser, William A. Welch, A. D. Bell, M. L. Wilson, and Martha Pope, against William J. Evans and several other persons, who were his tenants, to recover a certain tract of land in said county, with damages for its detention; and was commenced on the Bd February, 1874. The lands had belonged to George 0. Player, and both parties claimed under him, by conveyances as follows: the plaintiffs, under a purchase by them at a sale made by the register in chancery, pursuant to a decree…
1Opinion of the CourtBbiceell, C. J.
No civil action, if the cause of action survives, abates by the death, or other disability of the plaintiff, or of the defendant; but, on motion, the same must, within eighteen months after the occurrence of the disability, be revived against the legal representative of the deceased, his successor, or the party in interest. If the action is by or against several jointly, the death of one may be suggested, and, if the cause of action permits, the suit may be prosecuted by or against the survivors. — Code of 1876, § 2908. The action of ejectment, or the corresponding statutory real action, may…
2Cases cited12 opinions
- Dargan v. WaringSupreme Court of Alabama · 1847
- Fash v. RavesiesSupreme Court of Alabama · 1858
- Harris v. Carter's AdministratorsSupreme Court of Alabama · 1830
- Doe ex dem. Chaudron v. MageeSupreme Court of Alabama · 1845
- State ex rel. Nabor's HeirsSupreme Court of Alabama · 1845
7 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Long v. Kansas City, Memphis & Birmingham RailroadSupreme Court of Alabama · 1910
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1886
- Montgomery & Florida Railway Co. v. McKenzieSupreme Court of Alabama · 1888
- Zelnicker v. Brigham & Co.Supreme Court of Alabama · 1883
35 more not listed; retrieve them via the Exa API.