Taylor v. Taylor
Supreme Court of Alabama
Appeal from St. Clair Circuit Court. Heard before Hon. A. H. Alston. Ejectment by W. R. Taylor against Ruthy Taylor and others. Judgment for defendants, and plaintiff appeals.
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Appeal from St. Clair Circuit Court. Heard before Hon. A. H. Alston. Ejectment by W. R. Taylor against Ruthy Taylor and others. Judgment for defendants, and plaintiff appeals. The cause was tried on an agreed statement of facts as follows: That one William Taylor, deceased, was at the time of his death on the-day of -- the owner of the following described lands, to wit: (Here follows a description of the land.) That on the-day of-Joseph Taylor, a son of the deceased, qualified in the probate court of St. Clair county, Ala., as the administrator of the estate of the said William Taylor, and…
1Opinion of the CourtMayfield, J.
This was a statutory action of ejectment. Both parties claimed title through a common source, viz., William Taylor, deceased, who was also the father and common ancestor of all the parties. Plaintiff bases his claim and title on a commissioner’s deed and a sale of the lands in the probate conrt of St. Clair county, under section 3178 .et seq. of the Code of 1896 for division and distribution between the heirs of William Taylor, the joint owners of the lands. The defendants base their claim and title upon the sheriff’s sale and deed under an execution against the personal representative of Wm.…
2Cases cited3 opinions
- Whitlow v. EcholsSupreme Court of Alabama · 1884
- Lee's Adm'r v. DowneySupreme Court of Alabama · 1880
- Spigener v. FarquharSupreme Court of Alabama · 1886
3Cited by1 opinion
- Tribble v. WoodSupreme Court of Alabama · 1915