Farley, Spear & Co. v. Whitehead
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. John K. Henry. This action was brought by Earley, Spear & Co., suing as a partnership, against James M. Whitehead, to recover “ten acres of land in the city of Greenville, known as the homestead of John M. Sutherlin, and lately occupied by him;” and was commenced on the 7th March, 1876. J. M. Sutherlin, “ on his own motion, was admitted to defend as the warrantor of said Whitehead,” and pleaded not guilty; and…
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Appeal from the Circuit Court of Butler. Tried before the Hon. John K. Henry. This action was brought by Earley, Spear & Co., suing as a partnership, against James M. Whitehead, to recover “ten acres of land in the city of Greenville, known as the homestead of John M. Sutherlin, and lately occupied by him;” and was commenced on the 7th March, 1876. J. M. Sutherlin, “ on his own motion, was admitted to defend as the warrantor of said Whitehead,” and pleaded not guilty; and issue was joined on this plea. The plaintiffs claimed under a mortgage executed by said Sutherlin to D. C. Taylor, which…
1Opinion of the CourtStone, J.
This was a statutory action of ejectment, to recover possession of lands, in which the verdict and judgment were for the defendant. It is contended for appellee, that as the plaintiffs must recover on the strength of their own title, and show what is equivalent to a legal title in them, it is immaterial what may have been the rulings of the Circuit Court, the judgment must be. affirmed, because the plaintiffs failed to show a right of recovery, and are therefore not injured by any rulings the court made. It is certainly the rule in this court, that if the record shows, affirmatively and…
2Cases cited9 opinions
- Marshall v. BetnerSupreme Court of Alabama · 1850
- Graham v. NewmanSupreme Court of Alabama · 1852
- Adams v. AdamsSupreme Court of Alabama · 1855
- Costillo v. ThompsonSupreme Court of Alabama · 1846
- Watts v. BurnettSupreme Court of Alabama · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Rhodes v. SchofieldSupreme Court of Alabama · 1955
- Lyons v. TaylorSupreme Court of Alabama · 1936
- Moses v. McClainSupreme Court of Alabama · 1886
- Ritter v. MoseleySupreme Court of Alabama · 1933
- Thompson v. SheppardSupreme Court of Alabama · 1888
5 more not listed; retrieve them via the Exa API.