Tarver v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Coosa. Tried before the Hon. Porter King. This action was brought by Elijah W. Tarver, as the surviving executor of the last will and testament of Benjamin P. Tarver, deceased, against Alexander Smith and; others, to recover the possession of a tract of land, which was described in the complaint as “ the east half of section eighteen, in township twenty-one, range twenty east, in the Tallapoosa land district;” and the names of Elijah WTarver…
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Appeal from the Circuit Court of Coosa. Tried before the Hon. Porter King. This action was brought by Elijah W. Tarver, as the surviving executor of the last will and testament of Benjamin P. Tarver, deceased, against Alexander Smith and; others, to recover the possession of a tract of land, which was described in the complaint as “ the east half of section eighteen, in township twenty-one, range twenty east, in the Tallapoosa land district;” and the names of Elijah WTarver individually, William Tarver, and James M. Tarver,-, were afterwards added as plaintiffs, by an amendment of the…
1Opinion of the CourtStone, J.
A question meets us at the threshold of this case, which is fatal to the plaintiffs’ right of recovery on their. present complaint. At the fall term, 1857, the plaintiff obtained leave to amend his complaint, by adding the names of the three devisees of the land in controversy, as plaintiffs in the cause. The suit had been commenced in the name of Elijah W. Tarver, as executor of Benjamin P. Tarver, deceased; and the names added were William Tarver, James M. Tarver; and the said Elijah W. Tarver in his own right. The amendment, then, makes the case of an action to recover the possession of…
2Cases cited24 opinions
- William T. Galt and Others v. James Galloway, Jun. And OthersSupreme Court of the United States · 1830
- Leaird v. MooreSupreme Court of Alabama · 1855
- Golding v. Golding's Adm'rSupreme Court of Alabama · 1854
- Agee v. WilliamsSupreme Court of Alabama · 1857
- Crommelin v. MinterSupreme Court of Alabama · 1846
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3Cited by9 opinions
- Landford v. DunklinSupreme Court of Alabama · 1882
- Bigelow v. DraperNorth Dakota Supreme Court · 1896
- Dorlan v. WestervitchSupreme Court of Alabama · 1903
- Moragne v. Doe ex dem. MoragneSupreme Court of Alabama · 1904
- Doe ex dem. Pope v. PickettSupreme Court of Alabama · 1880
4 more not listed; retrieve them via the Exa API.