Legal Opinion

Fletcher v. Riley

Supreme Court of Alabama

Decided June 30, 1910PublishedCited by 9 opinions

Ejectment. Appeal from Covington Circuit Court. I-Iearcl before Hon. H. A. Pearce. Ejectment by M. M. Biley against J. H. Fletcber and others. Judgment for plaintiff, and defendants appeal.

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Ejectment. Appeal from Covington Circuit Court. I-Iearcl before Hon. H. A. Pearce. Ejectment by M. M. Biley against J. H. Fletcber and others. Judgment for plaintiff, and defendants appeal. The judgment, so far as is necessary to be set out is as follows: “On this day came the parties in question and by attorney, and issue being joined upon the defendants plea of not guilty, as appears of record, and his suggestion of three years adverse possession under color of title and permanent improvements thereon, thereupon came a jury of good and lawful men, to wit, J. B. Jones, foreman, and eleven…

1Opinion of the CourtMcCLELLAN, J.

Riley instituted statutory ejectment against J. H. Fletcher and E. B. Ammons. So far as this record shows, Fletcher alone interposed defenses in the cause. Prom the bill of exceptions it appears that Ammons was the tenant of Fletcher, and that Ammons suggested this fact to the court. The appeal was taken by both Fletcher and Ammons, and errors are jointly assigned by both appellants.

Counsel for appellee makes and insists upon the point that the judgment appealed from was not rendered against Ammons, but against Fletcher only, and that, hence, Ammons has nothing of which to complain, and that,…

2Cases cited8 opinions

  1. Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908
  2. Puckett v. PopeSupreme Court of Alabama · 1842
  3. Bolling v. SpellerSupreme Court of Alabama · 1892
  4. Owings v. BinfordSupreme Court of Alabama · 1885
  5. Beachman v. Aurora Silver Plate Manufacturing Co.Supreme Court of Alabama · 1895

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Lipscomb v. TuckerSupreme Court of Alabama · 1975
  2. Brannan v. HenrySupreme Court of Alabama · 1912
  3. Hall v. First BankSupreme Court of Alabama · 1916
  4. Hicks v. BurgessSupreme Court of Alabama · 1914
  5. Perolio v. Doe ex dem. Woodward Iron Co.Supreme Court of Alabama · 1916

4 more not listed; retrieve them via the Exa API.

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