Searcey v. Oates
Supreme Court of Alabama
Appeal from tbe Circuit Court of Dale-, Tried before the Hon. H. D. Olaíton. This action was brought by William C. Oates, against Britton Searcey, to recover tbe possession of a tract of land particularly described in the complaintand was commenced on the 13th February, 1877. The defendant pleaded “the general issue, in short by consent,” and a special plea averring that tbe lands sued for" belonged to his wife, Mrs. Christian A, Searcey, as her statutory estate, and that he…
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Appeal from tbe Circuit Court of Dale-, Tried before the Hon. H. D. Olaíton. This action was brought by William C. Oates, against Britton Searcey, to recover tbe possession of a tract of land particularly described in the complaintand was commenced on the 13th February, 1877. The defendant pleaded “the general issue, in short by consent,” and a special plea averring that tbe lands sued for" belonged to his wife, Mrs. Christian A, Searcey, as her statutory estate, and that he held possession as her trustee; and Mrs. Searcey was made a party defendant, on her own motion. The plaintiff claimed…
1Opinion of the CourtBrickell, C. J.
la the action of ejectment, or in the corresponding statutory real action, if the plaintiff shows a superior legal title, he must recover, without regard to the equities of the parties; for a court of law cannot look beyond the legal title.—Mitchell v. Robertson, 15 Ala. 412. Both parties deduce title from Britton Searcey; the appellee claiming from a purchaser at sheriff’s sale, under execution against Searcey; and the appellant, because of an offer to redeem made under the statute, to the appellee, after the conveyance to him, and within two years from the sale by the sheriff. The right of…
2Cases cited5 opinions
- Spoor v. PhillipsSupreme Court of Alabama · 1855
- Morris v. Beebe & HenshawSupreme Court of Alabama · 1875
- Smith v. AndersSupreme Court of Alabama · 1852
- Mitchell v. RobertsonSupreme Court of Alabama · 1849
- Sandford v. OchtalomiSupreme Court of Alabama · 1853
3Cited by3 opinions
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Seals v. Pheiffer & Co.Supreme Court of Alabama · 1884
- Moss v. Cedrom Coal Co.Supreme Court of Alabama · 1934