Cain v. Sheets
Supreme Court of Alabama
Statutqry Action in nature of Ejectment. Appeal from the Circuit Court of Morgan. Tried before the ILon. LI. C. Speake. This action was brought by James L). Cain and others, children and heirs at law of James W. Cain, deceased, to recover a tract of land particularly described in the complaint, with damages for its detention; and was commenced on the 5th April, 1884. The defendants claimed title as sub-purchasers at a sale made in 1869 by C. C. Sheets, as assignee in…
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Statutqry Action in nature of Ejectment. Appeal from the Circuit Court of Morgan. Tried before the ILon. LI. C. Speake. This action was brought by James L). Cain and others, children and heirs at law of James W. Cain, deceased, to recover a tract of land particularly described in the complaint, with damages for its detention; and was commenced on the 5th April, 1884. The defendants claimed title as sub-purchasers at a sale made in 1869 by C. C. Sheets, as assignee in bankruptcy of one Reuben Webster, under an order of the Bankrupt Court at Huntsville. Webster had bought the land from said…
1Opinion of the CourtSomeryille, J.
The suit is in ejectment, the plaintiffs claiming as the sole heirs of James W. Cain, who died in the year 1866. The legal title of the lands is shown to have been in Cain, who, as it appears, however, sold them during his lifetime to one Webster, executing to him a bond for title, and taking his notes for the unpaid purchase-money. Webster, having thus acquired the equitable title, went into possession of the premises, and in the year 1869 was adjudicated a bankrupt, under the provisions of the Bankrupt Act of 1867, then in force. The defendants claim title through a sale made by *495order of…
2Cases cited5 opinions
- Cook v. TullisSupreme Court of the United States · 1874
- Ray v. NorseworthySupreme Court of the United States · 1875
- Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1883
- Gayle v. RandallSupreme Court of Alabama · 1882
- Bolling v. MunchusSupreme Court of Alabama · 1877
3Cited by2 opinions
- McRaney v. RileyMississippi Supreme Court · 1922
- Werborn v. AustinSupreme Court of Alabama · 1886