Stephenson v. Reeves
Supreme Court of Alabama
Appeal from the Circuit Court of Crenshaw. Tried before the Hon. John P. Hubbard. This is a statutory real action in the nature of ejectment, brought by the appellees, as the heirs of Richard Reeves, deceased, against the appellant, Stephenson, wherein they seek to recover the possession of certain lands specifically described in the complaint.
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Appeal from the Circuit Court of Crenshaw. Tried before the Hon. John P. Hubbard. This is a statutory real action in the nature of ejectment, brought by the appellees, as the heirs of Richard Reeves, deceased, against the appellant, Stephenson, wherein they seek to recover the possession of certain lands specifically described in the complaint. The facts necessary to understand the only question ruled on in the opinion of this court are sufficiently set forth therein, and need- not be repeated here.
1Opinion of the CourtMcCLELLAN, J.
It is well settled law that a defendant in ejectment, who is not a mere trespassed on the land sued for, may always set up a paramount title outstanding in a third person, unless the plaintiff and. defendant claim title or whatever right, less than absolute title, they assert and rely on, from a common source. — Pollard v. Cocke, 19 Ala. 188; Gannt v. Cowan, 27 Ala. 582. Snedecor v. Freeman, 71 Ala. 140; Cooper v. Watson’s Admr., 73 Ala. 252; Guilmartin v. Wood, 76 Ala. 204.
We do not understand from this record, that the defendant elaims title or any right he now relies on from Richard…
2Cases cited6 opinions
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Miller v. StateSupreme Court of Alabama · 1863
- Pollard v. CockeSupreme Court of Alabama · 1851
- Guilmartin v. WoodSupreme Court of Alabama · 1884
- Snedecor v. FreemanSupreme Court of Alabama · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908
- Stewart Bros. v. RansomSupreme Court of Alabama · 1917
- Roberts v. ClevelandSupreme Court of Alabama · 1931
- Donehoo v. JohnsonSupreme Court of Alabama · 1898
- Bernheim & Co. v. HortonSupreme Court of Alabama · 1893
4 more not listed; retrieve them via the Exa API.