Heflin v. Bingham
Supreme Court of Alabama
Appeal from tbe Circuit Court of Talladega. Tried before tbe Hon. John Henderson. This action was brought by John T. Heflin, against Henry C. Bingham and Samuel B. Bingham, to recover the possession of a tract of land, which was described in tbe complaint as “ the east half of tbe south-west quarter, and tbe south-east quarter of section thirteen (13), township eighteen (18), range five (5), east, in tbe Coosa land district,” with damages for its detention; and was commenced…
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Appeal from tbe Circuit Court of Talladega. Tried before tbe Hon. John Henderson. This action was brought by John T. Heflin, against Henry C. Bingham and Samuel B. Bingham, to recover the possession of a tract of land, which was described in tbe complaint as “ the east half of tbe south-west quarter, and tbe south-east quarter of section thirteen (13), township eighteen (18), range five (5), east, in tbe Coosa land district,” with damages for its detention; and was commenced on the 4th February, 1876. Tbe plaintiff claimed tbe lands under a deed executed to him by Thomas A. Cook and wife,…
1Opinion of the CourtStone, J.
Growing trees are part of the realty,, and a sale of them, without a compliance with the terms of the statute of frauds, does not pass the title. — Mitchell v. Billingslea, 17 Ala. 393 ; 3 Kent’s Com. 438, n. a; Ib. 401; Rev. Code, § 1862, subd. 6 ; Riddle v. Brown, 20 Ala. 412.
In actions of ejectment, when the plaintiff makes out a prima facie case for recovery, the defendant must show a paramount legal title, or right to the possession, or he can not prevent a recovery.— You v. Flinn, 34 Ala. 415; Childress v. Monette, at the last term; Mitchell v. Robertson, 15 Ala. 412; 1 Brick. Dig. 627,…
2Cases cited4 opinions
- You v. FlinnSupreme Court of Alabama · 1859
- Riddle v. BrownSupreme Court of Alabama · 1852
- Mitchell v. BillingsleySupreme Court of Alabama · 1850
- Mitchell v. RobertsonSupreme Court of Alabama · 1849
3Cited by36 opinions
- McRae v. Stillwell, Millen & Co.Supreme Court of Georgia · 1900
- C. W. Zimmerman Mnfg. Co. v. DaffinSupreme Court of Alabama · 1906
- Shakespeare v. AlbaSupreme Court of Alabama · 1884
- Hicks Bros. v. Swift Creek Mill Co.Supreme Court of Alabama · 1901
- McCreary v. Jackson Lumber Co.Supreme Court of Alabama · 1906
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