Jenkins v. Bramlett
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried -before the Hon. John' H. Disque. This was a statutory action of ejectment brought against the appellants, to recover certain lands specifically described in the -complaint. The facts of the case-necessary to an understanding of the only question reviewed on the present appeal are sufficiently -stated in the opinion.
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Appeal from the City Court of Gadsden. Tried -before the Hon. John' H. Disque. This was a statutory action of ejectment brought against the appellants, to recover certain lands specifically described in the -complaint. The facts of the case-necessary to an understanding of the only question reviewed on the present appeal are sufficiently -stated in the opinion. From a judgment in favor of the- plaintiffs the defendants appeal, and assign as error the -several rulings of the trial court to which exceptions were reserved.
1Opinion of the CourtTyson, J.
This action was commenced by Elias A. Bramlett, and upon his death was revived “in the name of L. W. Bramlett, executor of the estate of Elias A. Bramlett, deceased, as party plaintiff.” After the revivor the cause was tried by the presiding judge without a jury resulting in a judgment in favor of the plaintiff.
The object sought to be attained by the revivor was to prevent an abatement of the suit; to substitute as party plaintiff the person succeeding to the rights of the original plaintiff to the possession of the lands in controversy, and to allow such substituted plaintiff to recover, if…
2Cases cited2 opinions
- Lucas v. PittmanSupreme Court of Alabama · 1891
- Pearson v. KingSupreme Court of Alabama · 1891
3Cited by5 opinions
- Alabama City G. & A. Ry. Co. v. HealdSupreme Court of Alabama · 1912
- Ferrell v. RossSupreme Court of Alabama · 1917
- Gladden v. Columbiana Sav. BankSupreme Court of Alabama · 1938
- State ex rel. Townley v. PughAlabama Court of Appeals · 1916
- Rodgers v. WalkerAlabama Court of Appeals · 1921