McRae's Adm'r v. McDonald
Supreme Court of Alabama
APPEAL from the Chancery Court of Barbour. Heard before the Hon. B. B. McCRAW. This was a bill filed by Daniel McDonald et als. against the heirs, and William C. Bostwick, administrator of the heirs; of Farcjuahar McRae.
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APPEAL from the Chancery Court of Barbour. Heard before the Hon. B. B. McCRAW. This was a bill filed by Daniel McDonald et als. against the heirs, and William C. Bostwick, administrator of the heirs; of Farcjuahar McRae. Its purpose was, first, to enjoin said Bostwick from proceeding in an ejectment suit brought by him as such administrator, in the Circuit Court of Barbour county, to recover lands of which said McRae died seized; and second, to have the title to certain lands divested out of the heirs and legatees of said McRae and vested in the purchasers. It appears that on the 11th of…
1Opinion of the CourtStone, J.
1. In this State, an administrator or executor may maintain ejectment for the recovery of lands, of which the intestate or testator died seized. — Rev. Code, § 2216; 1 Brick. Dig. 625, § 6. A bond for title, or any other evidence of sale before title conveyed, although coupled with possession, is but an equitable title, and will neither support or bar a recovery in ejectment. — 1 Brick. Dig. 627, §§ 33, 34, 35, 36.
2. The bill in the present case was filed to enjoin the action of ejectment brought for the récovery of the lands, and to have title divested out of the heirs of McRae, the vendor,…
2Cases cited5 opinions
- Gentry v. RogersSupreme Court of Alabama · 1867
- Bell v. ThompsonSupreme Court of Alabama · 1859
- Pulliam v. OwenSupreme Court of Alabama · 1854
- Brewer v. BrewerSupreme Court of Alabama · 1851
- Kizer v. LockSupreme Court of Alabama · 1846
3Cited by10 opinions
- Matthews v. McDadeSupreme Court of Alabama · 1882
- Halle v. BrooksSupreme Court of Alabama · 1923
- Houston v. FarrisSupreme Court of Alabama · 1882
- Gulf Red Cedar Lumber Co. v. O'NealSupreme Court of Alabama · 1901
- Young v. SheldonSupreme Court of Alabama · 1903
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