Legal Opinion

Childress v. Calloway

Supreme Court of Alabama

Decided December 15, 1884PublishedCited by 25 opinions

Appeal from the Circuit Court of Baldwin. Tried before the Lion. ¥m. E. Clarke. This action was brought by William Childress against Bufus B. Calloway, tenant in possession, to recover the possession of certain parcels of land, which were described in the complaint as subdivisions of sections eleven (11) and two (2), township nine (9), range four (4), east; and was commenced on the 29th March, 1883. William B. Orrell was let in to defend, as landlord of the defendant; and he…

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Appeal from the Circuit Court of Baldwin. Tried before the Lion. ¥m. E. Clarke. This action was brought by William Childress against Bufus B. Calloway, tenant in possession, to recover the possession of certain parcels of land, which were described in the complaint as subdivisions of sections eleven (11) and two (2), township nine (9), range four (4), east; and was commenced on the 29th March, 1883. William B. Orrell was let in to defend, as landlord of the defendant; and he entered a disclaimer as to some portions of the land described in the complaint, defending only as to three parcels,…

1Opinion of the CourtClopton, J.

— The appellant brought the statutory real action to recover the possession of lands, to which he claimed title under two deeds, executed by the probate judge — one, August 29, 1874, and the other, May 21,1»77; the latter deed having been made to correct a misdescription of the lands in the first deed.

Prom the recitals of the deeds it appears, that the lands in controversy were sold by the tax-collector, in May, 1871, for taxes due for the year 1870, and were bid off in the name of the State. By the Revenue Law in force at the time of this sale, the tax-collector was required, when real…

2Cases cited5 opinions

  1. Farley v. SmithSupreme Court of Alabama · 1863
  2. Callan v. McDanielSupreme Court of Alabama · 1882
  3. Oliver v. RobinsonSupreme Court of Alabama · 1877
  4. Wilson v. GlennSupreme Court of Alabama · 1880
  5. Rivers v. ThompsonSupreme Court of Alabama · 1871

3Cited by25 opinions

  1. Chastang v. ChastangSupreme Court of Alabama · 1904
  2. Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
  3. Normant v. Eureka Co.Supreme Court of Alabama · 1893
  4. Turnipseed v. MoseleySupreme Court of Alabama · 1946
  5. Black v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890

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