Moore v. Helms
Supreme Court of Alabama
Appeal from the Circuit Court of Coffee. Tried before the Hon. H. E>. Clayton. This action was brought by Thomas Moore, against Melton Helms, to recover the possession of a tract of land, with damages for its detention ; and was commenced on the 8th October, 1880. At the October term, 1881, a judgment on verdict was rendered for the defendant; but, at the same term, a bill of exceptions was reserved, in which the facts are thus stated: “ On the trial of this case, the…
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Appeal from the Circuit Court of Coffee. Tried before the Hon. H. E>. Clayton. This action was brought by Thomas Moore, against Melton Helms, to recover the possession of a tract of land, with damages for its detention ; and was commenced on the 8th October, 1880. At the October term, 1881, a judgment on verdict was rendered for the defendant; but, at the same term, a bill of exceptions was reserved, in which the facts are thus stated: “ On the trial of this case, the following proceedings were h.ad: The defendant moved the court to dismiss the cause, upon the ground that, heretofore, one W.…
1Opinion of the CourtBbickell, C. J.
— It may be that, if there Was a former action pending between the plaintiff and Halstead, under whom the defendant derives title to the lands, involving the question of title, or the right to possession for a term not yet expired, which was submitted to arbitration, and, in pursuance of the submission, an award was rendered determining the question against the plaintiff, the award would bar the plaintiff from a recovery in the present action. An award, though it can not have the operation and effect of a conveyance of lands, is evidence of title, upon which ejectment,^ or the corresponding…
2Cited by4 opinions
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- Brunson v. MorganSupreme Court of Alabama · 1888
- Williams v. WilliamsWisconsin Supreme Court · 1903
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