Bynum v. Gold
Supreme Court of Alabama
Appeal from Circuit Court of Jackson. Tried before the Hon. John B. Tally. This was a statutory action in the nature of ejectment, brought by the appellant, Sarah Bynum, against the appellee,’William A. Gold and R. A. Coffey, Jr., to recover the possession of certain lands specifically described in the complaint. The only plea was that of the general issue of “not guilty,” and upon this plea issue was joined.
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Appeal from Circuit Court of Jackson. Tried before the Hon. John B. Tally. This was a statutory action in the nature of ejectment, brought by the appellant, Sarah Bynum, against the appellee,’William A. Gold and R. A. Coffey, Jr., to recover the possession of certain lands specifically described in the complaint. The only plea was that of the general issue of “not guilty,” and upon this plea issue was joined. The plaintiff introduced in evidence a deed which was executed to her by one IT. R. Bynum on May 16, 1890, which conveyed to her the property involved in this controversy. The plaintiff…
1Opinion of the CourtMcCLELLAN, J.
— “Not guilty” is the plea which presents the genei’al issue in ejectment and in the statutory substitute for that action The only cases to which this plea is-made appropriate by section 2675 of the Code are actions for defamation or for injuries to the person, or to real or personal property. That section does not, therefore, apply to actions of ejectment or the statutory action for the recovery of land, a fact which appears to have been entirely overlooked by this court in Slaughter v. Doe ex dem. Swift, Murphy & Co., 67 Ala. 494.
But section 2698 of the Code has special reference to the…
2Cases cited14 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- King v. Kent's HeirsSupreme Court of Alabama · 1857
- McCarthy v. NicrosiSupreme Court of Alabama · 1882
- Barton v. BartonSupreme Court of Alabama · 1883
- Torrey v. ForbesSupreme Court of Alabama · 1891
9 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Richardson v. StephensSupreme Court of Alabama · 1898
- In re BazemoreDistrict Court, N.D. Alabama · 1911
- McCormick v. McCormickSupreme Court of Alabama · 1930
- Ely v. PaceSupreme Court of Alabama · 1903
- Guy v. LancasterSupreme Court of Alabama · 1948
25 more not listed; retrieve them via the Exa API.