Ellis v. Drake
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; H. A. Sharpe, Judge. Ejectment by Alberta. Drake against Jim Ellis. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear in the opinion.
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Appeal from Circuit Court, Jefferson County; H. A. Sharpe, Judge. Ejectment by Alberta. Drake against Jim Ellis. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear in the opinion. The motion to transfer to the equity side of the docket sets out in effect that Jim Ellis purchased the property from one Nicholson and wife, and paid cash therefor, and at his request the grantors therein executed a deed of trust to the plaintiff, who is the daughter of Jim Ellis, the defendant, and conveying to her by warranty deed the title to the property; that at the time no intention…
1Opinion of the CourtGardner, J.
[1] Statutory action of ejectment by appellee against appellant, resulting in a judgment for the appellee, from which this appeal is prosecuted. The submission is upon the motion of the appellee to strike the bill of exceptions, and also upon the merits. The judgment was rendered June 5, 1918, and the bill of exceptions appears to have been filed August 30, 1918 (it appearing that the trial judge was out of the state, Acts 1915, p. 816), and on December 6, 1918, signed and approved by the presiding judge. The bill of exceptions therefore was not signed within the period required by law, and…
2Cases cited8 opinions
- Sellers v. StateSupreme Court of Alabama · 1909
- McCoy v. Harrell, Nichols & Co.Supreme Court of Alabama · 1866
- Holman v. StateSupreme Court of Alabama · 1905
- Mobile & Montgomery Railway Co. v. Alabama Midland Railway Co.Supreme Court of Alabama · 1898
- Niehaus & Co. v. CookeSupreme Court of Alabama · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ex Parte HolzerSupreme Court of Alabama · 1929
- Briggs v. Prowell.Supreme Court of Alabama · 1922
- Ellis v. DrakeSupreme Court of Alabama · 1921
- Simon v. SnyderSupreme Court of Alabama · 1966
- Ex Parte General Motors CorporationSupreme Court of Alabama · 1963
1 more not listed; retrieve them via the Exa API.