Legal Opinion · Dissent

Grant v. Nations

Supreme Court of Alabama

Decided April 11, 1911Published

Ejectment. Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Ejectment by W. J. Grant and others against A. L. Nations. Judgment for defendant and plaintiffs appeal.

Read the full summary

Ejectment. Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Ejectment by W. J. Grant and others against A. L. Nations. Judgment for defendant and plaintiffs appeal. The book known and designated as “Record of Tax Sales, No. 3,” was not admissible in evidence for the purpose of showing that there had been a sale of the property described in the complaint for taxes due to state and county. — Acts of Alabama, 1898-1899, page 120; Code of 1907, Section 2310; Code of 1907, Section 2325; Trotter v. Moog, 150 Ala. 460; Vadebonooeur v. Hannon, 159 Ala. 617. The deed from the…

1Dissent

McCLELLAN, j.

An esteemed practitioner in this court has very kindly called our attention to the fact that this decision is immediately opposed to the proposition stated in the first headnote, in the report of Witherington v. White, 165 Ala. 316. Having been delivered at this term (April 11th, 1911), Grant v. Nations is still within the control of the court. The court has again fully considered the ruling in question; and thereupon re-affirms the ruling in Grant v. Nations and overrules, in this particular, Witherington v. White, 165 Ala. 316.

D'owdell, C. J., and Anderson, Sayre, and…

2Cases cited1 opinion

  1. Witherington v. WhiteSupreme Court of Alabama · 1910

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API