Randolph v. Hubbert
Supreme Court of Alabama
Appeal from Payette Circuit Court. Heard before Hon. Bernard Harwood. Action by R. P. Hubbert as administrator, against T. U. Randolph in ejectment. Judgment for plaintiff, and defendant appeals.
1Opinion of the Court
de GRAFPENRIED, J.—(1) The action of ejectment cannot be jointly maintained by the heirs and the *611personal representatives of the deceased owner of the land. “True, each may maintain (separately) an action of ejectment, to recover the possession of the lands; but their several rights over the lands when recovered are fundamentally unlike.” — Tarver v. Smith, 38 Ala. 135; Wilson et al. v. Kirkland, 172 Ala. 72, 55 South. 174.
• (2) 2. This suit was originally brought by the heirs of a deceased person, who, it is claimed, owned the land. One of the heirs of said deceased was the adminisctrator of…
2Cases cited4 opinions
- Snodgrass v. SnodgrassSupreme Court of Alabama · 1912
- Lucas v. PittmanSupreme Court of Alabama · 1891
- Tarver v. SmithSupreme Court of Alabama · 1861
- Wilson v. KirklandSupreme Court of Alabama · 1911
3Cited by7 opinions
- Patterson v. WeaverSupreme Court of Alabama · 1927
- Giglio v. BarrettSupreme Court of Alabama · 1922
- Ex Parte CrossSupreme Court of Alabama · 1945
- Benson v. RobinsonSupreme Court of Alabama · 1931
- Edwards v. SmithSupreme Court of Alabama · 1941
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