Jones v. Roper
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. This action was brought by Annie Roper, the widow of Jerry Roper, deceased, both former slaves, against Sumter Jones and another, tenants in possession, to recover a tract of land containing about 200 acres; and was commenced on the 23d October, 1885. The cause was tried on issue joined on the plea of not guilty, and resulted, under the charge of the court, in a verdict and judgment for the…
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Appeal from the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. This action was brought by Annie Roper, the widow of Jerry Roper, deceased, both former slaves, against Sumter Jones and another, tenants in possession, to recover a tract of land containing about 200 acres; and was commenced on the 23d October, 1885. The cause was tried on issue joined on the plea of not guilty, and resulted, under the charge of the court, in a verdict and judgment for the plaintiff for eighty acres of the land, as her homestead interest. On the trial, as the bill of exceptions shows, it appeared…
1Opinion of the CourtSomerville, J.
The defendants are shown to hold the land, for the recovery of which the suit is brought, by privity of title with Wilkinson. If Wilkinson, therefore, could not have been ejected by reason of the superiority of his title, neither can the defendants.
Wilkinson’s title was clearly good against the plaintiff, by virtue of the mortgage executed to him by the plaintiff and her deceased husband, Jerry Boper, bearing date April 5th, 1873, and duly attested and probated. The mortgage being executed prior to the statute of April 23, 1873, and the wife having joined in the execution of the conveyance,…
2Cases cited3 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- Cahall v. Citizens Mutual Building Ass'nSupreme Court of Alabama · 1878
- Lyons v. ConnorSupreme Court of Alabama · 1876