Moragne v. Doe ex dem. Moragne
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. The facts in this case are sufficiently stated in the opinion. The appellant derived title from a purchase made under a decree of the chancery court, in the case of McOarver, et al. v. J. H. Moragne, et al., in which suit John B. Moragne was a defendant.
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Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. The facts in this case are sufficiently stated in the opinion. The appellant derived title from a purchase made under a decree of the chancery court, in the case of McOarver, et al. v. J. H. Moragne, et al., in which suit John B. Moragne was a defendant. It is insisted that this, suit constituted Us pendens, and that John B. Moragne’s interest in the land was involved and could not be sold during its pendency to vest a good title in the purchaser. — Stein v. McGrath, 128 Ala.' 175; Owen v. Fitzpatrick, 96 Ala. 421;…
1Opinion of the CourtDowdell, J.
This is a common law action of ejectment to recover an undivided one-ninth' interest in and to the iron ore contained in and upon a certain tract of land described in the complaint.
Five demises were laid in the complaint, any one of which being supported by the evidence would entitle the plaintiff to a judgment as much so as if all were made out.
The right to maintain an action of ejectment to recover a mineral interest in lands was decided by this Court in the case of Alabama State Land Co. v. Thompson, 104 Ala. 570, 576, wherein a judgment was here rendered in favor of the plaintiff in a…
2Cases cited7 opinions
- Landford v. DunklinSupreme Court of Alabama · 1882
- Pendley v. Madison's Adm'rSupreme Court of Alabama · 1887
- Morgan v. CaseySupreme Court of Alabama · 1882
- Leatherwood v. SullivanSupreme Court of Alabama · 1886
- Scott v. BrownSupreme Court of Alabama · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Andrews v. AndrewsSupreme Court of Florida · 1945
- Patton v. DardenSupreme Court of Alabama · 1933
- Mentone Hotel & Realty Co. v. TaylorSupreme Court of Georgia · 1925
- Scarborough v. LongSupreme Court of Georgia · 1938
- McCollum v. BurtonSupreme Court of Alabama · 1930
6 more not listed; retrieve them via the Exa API.