Wells v. Sheerer
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before the Hon. S. H. Sprott. This action was brought by Mrs. Eliza G. Sheerer against Mrs. Sarah Weils and others, to recover the possession of a house and lot in Montevallo; and was commenced on the 10th April, 1883. The cause was tried on issue joined on the plea of not guilty, the court having sustained a demurrer to a special plea, which alleged the execution by Mrs. Watrous (plaintiff’s mother) of the writing hereinafter…
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Appeal from the Circuit Court of Shelby. Tried before the Hon. S. H. Sprott. This action was brought by Mrs. Eliza G. Sheerer against Mrs. Sarah Weils and others, to recover the possession of a house and lot in Montevallo; and was commenced on the 10th April, 1883. The cause was tried on issue joined on the plea of not guilty, the court having sustained a demurrer to a special plea, which alleged the execution by Mrs. Watrous (plaintiff’s mother) of the writing hereinafter set out, and that the debt therein mentioned was still unpaid and unsatisfied. The plaintiff was the only child of Mrs.…
1Opinion of the CourtSomerville, J.
The action, which is one of ejectment under the statute, can be sustained only in the event of the plaintiff’s being entitled to enter and take actual possession of *145the premises which are the subject of controversy, and such right must have existed at the commencement of the suit.
The nature of the defendants’ possession, and the character of their title, was of material importance in determining this question. To show this, it was clearly permissible to introduce in evidence the written instrument executed on the 18th of March, 1865, by Maria Watrous to A. J. Wells, relating to this land; the…
2Cases cited8 opinions
- Willison v. WatkinsSupreme Court of the United States · 1830
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- Fielder v. ChildsSupreme Court of Alabama · 1883
- Lucas v. DanielsSupreme Court of Alabama · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Donnor v. QuartermasSupreme Court of Alabama · 1890
- Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
- Abbett v. PageSupreme Court of Alabama · 1890
- Smith v. GillamSupreme Court of Alabama · 1885
- Jones v. PelhamSupreme Court of Alabama · 1887
12 more not listed; retrieve them via the Exa API.