Legal Opinion

Russell v. Desplous

Supreme Court of Alabama

Decided June 15, 1856PublishedCited by 13 opinions

Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. This action was brought by Peter Desplous against Henry C. Russell, to recover the possession of a city lot in Mobile, and was commenced in August, 1851. The case was brought to this court at the June term, 1854, and was then reversed and remanded. — See 25 Ala. 514. The complaint was then amended in the court below, as shown in the opinion ; and a demurrer to the amended complaint having been…

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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. This action was brought by Peter Desplous against Henry C. Russell, to recover the possession of a city lot in Mobile, and was commenced in August, 1851. The case was brought to this court at the June term, 1854, and was then reversed and remanded. — See 25 Ala. 514. The complaint was then amended in the court below, as shown in the opinion ; and a demurrer to the amended complaint having been overruled, a trial was had on issue joined. On the trial, as appears from the bill of exceptions, “ evidence was introduced…

1Opinion of the CourtWalker, J.

The complaint in this action, omitting the description of the land, is in the following words: “ The petition and complaint of Peter Desplous represents, that he claims, by reason of his intermarriage with one Matilda Green Lyles, the fee-simple owner and possessor thereof, to have been in lawful and peaceable possession, for eight years past, of the following lot of land, in the city of Mobile,” &c. “ Your petitioner further represents, that during the year 1843, he intermarried with the said Matilda Green, your petitioner’s present wife, and the then widow of George Lyles, deceased; which…

2Cases cited4 opinions

  1. McKeen v. NelmsSupreme Court of Alabama · 1846
  2. Cunningham v. GreenSupreme Court of Alabama · 1841
  3. Singleton v. FinleySupreme Court of Alabama · 1834
  4. Russell v. DesplousSupreme Court of Alabama · 1854

3Cited by13 opinions

  1. Houston v. FarrisSupreme Court of Alabama · 1882
  2. Pentz v. KuesterSupreme Court of Missouri · 1867
  3. Clements v. HaysSupreme Court of Alabama · 1884
  4. Dwine v. BrownSupreme Court of Alabama · 1860
  5. Brown v. BeattySupreme Court of Alabama · 1884

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