Banks v. Speers
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. This was a statutory action of ejectment, brought by the appellant, William Banks, against the appellee, John Speers,, as administrator de bonis non of the estate of'M. D. Burchfield, and sought to recover the possession of certain lands in the town of Jasper.
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Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. This was a statutory action of ejectment, brought by the appellant, William Banks, against the appellee, John Speers,, as administrator de bonis non of the estate of'M. D. Burchfield, and sought to recover the possession of certain lands in the town of Jasper. The defendant filed a special plea, in which he sets up that he was not in possession of the lots sued for in whole or in part at the commencement of the suit. The plaintiff filed a replication to this plea, in which he alleged that the defendant was the…
1Opinion of the CourtMcCLELLAN, J.
What was said in the case of Speers et al. v. Banks, 114 Ala. 323, viz.: “If Speers should be defeated, in his application for the sale of the lots, he would be liable to ejectment at the suit of Banks for'the recovery of the possession of them,’’ proceeded on the assumption of Speers’ personal possession of the lots, and meant no more than that Banks would be entitled to the possession as against Speers, or any one holding under Speers. The court did not intend by the language used to deny or question the doctrine that in the statutory real action, as well as in ejectment, the tenant in…
2Cases cited2 opinions
- Morris v. Beebe & HenshawSupreme Court of Alabama · 1875
- Speers v. BanksSupreme Court of Alabama · 1896
3Cited by1 opinion
- Holland v. PattilloSupreme Court of Alabama · 1921