Rankin v. Dean
Supreme Court of Alabama
Appeal from St. Clair Circuit Court. Heard before Hon. A. H. Alston. Ejectment by D. P. Rankin, Jr., against Walter Dean and others. Judgment for defendants, and plaintiff appeals.
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Appeal from St. Clair Circuit Court. Heard before Hon. A. H. Alston. Ejectment by D. P. Rankin, Jr., against Walter Dean and others. Judgment for defendants, and plaintiff appeals. As conclusive of the fact that the court was in error in its rulings the court’s attention is called to the following cases. — Chapman v. Classell, 13 Ala. 50; Borst v. Simpson, 90 Ala. 373. The plaintiff must have the legal title both at the commencement of the suit and at the time of trial. — Etowah Min. Go. v. Garlise, 127 Ala. 663; Sarstonv. Dobbs, 80 Ala. 589; Ohandlerv. dost, 81 Ala. Ill; Bruce v. Bradshaw,…
1Opinion of the Court
' McCLELLAN, J.
— Hammond appears to have been the common source of title asserted by the parties litigant. The plaintiff, appellant, claims under a conveyance executed to him by Hammond on December 16, 1873, and the defendants, heirs at law of John R. Dean, claim under an instrument executed by Hammond, on November 15, 1873, to John R. Dean. The instrument to Dean, described therein as the “second party,” is in the form of a warranty deed, except that it contains at its end the provisions which we quote: “Know the above obligation is such that whereas the said party of the second part pays or…
2Cases cited7 opinions
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Johnson v. ToulminSupreme Court of Alabama · 1850
- Morey v. . Farmers' Loan and Trust Co.New York Court of Appeals · 1856
- Borst v. SimpsonSupreme Court of Alabama · 1890
- Sellers v. HayesSupreme Court of Alabama · 1850
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Patterson v. WeaverSupreme Court of Alabama · 1927
- Alabama State Land Co. v. MatthewsSupreme Court of Alabama · 1910
- Bay Minette Land Co. v. StapletonSupreme Court of Alabama · 1932
- Blanchard v. ReedSupreme Court of Oklahoma · 1917
- Gay v. TompkinsSupreme Court of Alabama · 1980
8 more not listed; retrieve them via the Exa API.