McCann v. Ellis
Supreme Court of Alabama
Ejectment. Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmitpl Action by Gretchel McCann against Bessie Ellis and others. From a judgment for defendants, plaintiff appeals.
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Ejectment. Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmitpl Action by Gretchel McCann against Bessie Ellis and others. From a judgment for defendants, plaintiff appeals. Tbe following is tbe agreed statement of facts: “Both tbe plaintiff and defendants claim through tbe same common source of title, viz., Martha Laws, now deceased; tbe said plaintiff claiming as an heir at law of the said Martha Laws, deceased, and asserting that said Martha Laws died intestate, and the said defendants Bessie Ellis and Joseph Ellis, Jr., claiming under a certain instrument purporting to he…
1Opinion of the CourtMayfield, J.
This is a statutory action in the nature of ejectment, by appellant against appellees. The trial was had by consent without a jury. It was tried by the judge on an agreed statement of the facts, and judgment rendered thereon by the trial court for the defendants, from which judgment this appeal is prosecuted. The reporter will set out in full the agreed statement of facts.
One question of law only is involved on this appeal, and upon it solely depend the rights of the litigants as to the subject-matter of the suit. That question is: What is the legal effect of a judgment or decree had under…
2Cases cited6 opinions
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- Maley v. ShattuckSupreme Court of the United States · 1806
- Caujolle v. FerrieSupreme Court of the United States · 1871
- Sly v. HuntMassachusetts Supreme Judicial Court · 1893
- Martin v. KingSupreme Court of Alabama · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Kaplan v. ColemanSupreme Court of Alabama · 1912
- Ex Parte WalterSupreme Court of Alabama · 1918
- Martin v. StateAlabama Court of Appeals · 1926
- McKinney v. StateSupreme Court of Alabama · 1974
- Shelton v. GordonSupreme Court of Alabama · 1949
12 more not listed; retrieve them via the Exa API.