Hendon v. White
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before Hon. M. J. SARNOLD. This was a real action under the Code, by appellee against appellants.
Read the full summary
Appeal from the Circuit Court of Dallas. Tried before Hon. M. J. SARNOLD. This was a real action under the Code, by appellee against appellants. Plea, Not guilty, and that defendants entered upon the lands on the 28th of January, 1868, as tenants of one Spann, and they surrendered the possession thereof to him on the 31st of December, 1868, and that if plaintiff is entitled to recover, he is only entitled to damages for the detention from the time his title accrued, not beyond the time of the commencement of the entry of defendants, up to the time their possession was discontinued. Plaintiff…
1Opinion of the CourtBrickell, C. J.
A plaintiff in ejectment, claiming under a purchase at sheriff’s sale, must prove that the defendant in the judgment, to whose title he claims to have succeeded, had an interest or estate in the lands, on which the *600judgment operated. If the defendant in the judgment is the tenant in possession, against whom the action is commenced, the possession is primé facie sufficient evidence. Or, if the action is against a stranger to. the judgment, the recent possession of the defendant, attended by acts of ownership, is prima facie sufficient. Cook & Hardy v. Webb, 18 Ala. 810 ; Heydenfeldt v.…
2Cases cited22 opinions
- Clark v. GrahamSupreme Court of the United States · 1821
- King v. AverySupreme Court of Alabama · 1861
- Pollard v. CockeSupreme Court of Alabama · 1851
- Campbell v. SpenceSupreme Court of Alabama · 1843
- Bradford v. DawsonSupreme Court of Alabama · 1841
17 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Burns v. StateSupreme Court of Alabama · 1944
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Ex Parte CokerSupreme Court of Alabama · 1991
- Gibson v. StateSupreme Court of Alabama · 1925
- Ex parte ThomasSupreme Court of Alabama · 1896
35 more not listed; retrieve them via the Exa API.