Ware v. Kent
Supreme Court of Alabama
Appeal from flip Circuit Court of Jefferson. Tried before the Box. Jas. j. Banks. This was a statutory action of ejectment, brought by the appellants against the appellee to recover certain lands specifically described in tlie complaint. The facts of tlie case pertaining to the rulings of the court. reviewed on tlie present appeal are sufficiently stated in the opinion.
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Appeal from flip Circuit Court of Jefferson. Tried before the Box. Jas. j. Banks. This was a statutory action of ejectment, brought by the appellants against the appellee to recover certain lands specifically described in tlie complaint. The facts of tlie case pertaining to the rulings of the court. reviewed on tlie present appeal are sufficiently stated in the opinion. The cause was tried by the court without the intervention of a jury, and upon the hearing of all the evidence the court rendered judgment for the defendant. To the rendition of this judgment the plaintiffs duly excepted. The…
1Opinion of the CourtMcCLELLAN, C. J.
Joshua Ware had title to the land in suit by patents from the United States. The plaintiffs are his heirs at law. The defendant claims title through an execution issued on a judgment against said Joshua, the levy thereof upon this land, its sale thereunder and the purchase at such sale by defendant’s grantor to whom the sheriff executed a deed. The judgment upon which this execution issued was rendered by a competent court but not entered by the clerk of the court,-dr imperfectly entered. Subsequent to the sale under execution, the sale and conveyance by the purchaser thereat to this…
2Cases cited1 opinion
- Nabers' Adm'r v. MeredithSupreme Court of Alabama · 1880
3Cited by13 opinions
- Courtney v. BarnettSupreme Court of Oklahoma · 1917
- Wyatt v. StateAlabama Court of Appeals · 1951
- State Ex Rel. Melbourne State Bank v. WrightSupreme Court of Florida · 1932
- Briggs v. Tennessee Coal, Iron & Railway Co.Supreme Court of Alabama · 1911
- Sisson v. LeonardSupreme Court of Alabama · 1942
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