Etowah Mining Co. v. Doe ex dem. Carlisle
Supreme Court of Alabama
Appeal from tlie City Court of Gadsden. Tried before the Hon. John H. Disqde. This was a common law action of ejectment, brought by the appellees against the appellants. The facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opiniou. The cause was tried by the court without the intervention of a jury, and upon the hearing of all the evidence, the court rendered judgment in favor of the plaintiffs.
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Appeal from tlie City Court of Gadsden. Tried before the Hon. John H. Disqde. This was a common law action of ejectment, brought by the appellees against the appellants. The facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opiniou. The cause was tried by the court without the intervention of a jury, and upon the hearing of all the evidence, the court rendered judgment in favor of the plaintiffs. From this judgment the defendants appeal, and assign as error the several rulings of the trial court to which exceptions were…
1Opinion of the CourtDowdell, J.
It is a well settled'principle that in suits for the recovery of land, whether by the statutory action of trespass to try title in the nature of ejectment or by the common law ejectment, the plaintiff must not only have title at the commencement of the suit, but also at the time of the trial. — Hairston v. Dobbs, 80 Ala. 589; Chandler v. Jost, et al., 81 Ala. 111; Bruce v. Bradshaw, 69 Ala. 360; Scranton, Barney & Co. v. Ballard, 64 Ala. 402. Other authorities might be cited, but it is unnecessary to encumber the opinion with further citations.
It is equally as well settled that the plaintiff…
2Cases cited12 opinions
- Bynum v. GoldSupreme Court of Alabama · 1894
- Dale v. FrisbieIndiana Supreme Court · 1877
- Richardson v. StephensSupreme Court of Alabama · 1896
- Scranton, Barney & Co. v. BallardSupreme Court of Alabama · 1879
- Pollard v. HanrickSupreme Court of Alabama · 1883
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Edinburgh-American Land Mortgage Co. v. CanterburySupreme Court of Alabama · 1910
- Rucker v. JacksonSupreme Court of Alabama · 1912
- Holder v. TaylorSupreme Court of Alabama · 1937
- Doe ex dem. Trotter v. MoogSupreme Court of Alabama · 1907
- Abates v. TimbesSupreme Court of Alabama · 1926
8 more not listed; retrieve them via the Exa API.