Wartensleben v. Haithcock
Supreme Court of Alabama
Appeal from Limestone Circuit Court. Tried before Hon. H. O. Spbake. This was a statutory real action in the nature of ejectment? commenced on the 20th day of February, 1883, by Henry Wartensleben against Mary A. Haithcock to recover possession of a tract of land, particularly described in the complaint, together with damages for its detention.
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Appeal from Limestone Circuit Court. Tried before Hon. H. O. Spbake. This was a statutory real action in the nature of ejectment? commenced on the 20th day of February, 1883, by Henry Wartensleben against Mary A. Haithcock to recover possession of a tract of land, particularly described in the complaint, together with damages for its detention. L. W. Humes, as landlord of the tenant in possession, was subsequently, upon his own motion, let in to defend, and issue was joined upon the plea of the general issue. The trial resulted in a verdict and judgment for the defendants ; the plaintiff, in…
1Opinion of the CourtClopton, J.
The title of the plaintiff to the lands in controversy is founded on a sale, under a proceeding before the judge of probate for the condemnation of the lands for the payment of delinquent taxes, as provided by the act of February 12th, 1879, entitled, “An act to provide for the sale of lands and other real estate for delinquent taxes and the redemption thereof.” — Acts 1878-79, p. 3. The plaintiff having taken a voluntary nonsuit, we can only revise the decisions of the court, which made it necessary for the plaintiff to suffer a nonsuit. The only errors assigned, which we can consider relate…
2Cases cited6 opinions
- United States v. BabbitSupreme Court of the United States · 1862
- Driggers v. CassadySupreme Court of Alabama · 1882
- Mayor of Cumberland v. MagruderCourt of Appeals of Maryland · 1871
- Carlisle v. WattsSupreme Court of Alabama · 1885
- Doe ex dem. Davis v. MingeSupreme Court of Alabama · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Lunsford v. DietrichSupreme Court of Alabama · 1890
- Marioneaux v. CutlerUtah Supreme Court · 1907
- Lanigan v. Town of GallupNew Mexico Supreme Court · 1913
19 more not listed; retrieve them via the Exa API.