Thompson v. Ives
Supreme Court of Alabama
Writ of Error to the Circuit Court of Autauga. This was an action of trespass to try titles to, and to. recover damages for the detention of a tract of land particularly described in the indorsement on the writ and in the declaration.
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Writ of Error to the Circuit Court of Autauga. This was an action of trespass to try titles to, and to. recover damages for the detention of a tract of land particularly described in the indorsement on the writ and in the declaration. The plaintiff claimed as a purchaser of the lands in question at a sheriff’s sale under an execution against Eber N. Coe, the defendant in the writ and declaration; the defendant in error presented his affidavit declaring' the lands were his property, and that Coe occupied the same as his tenant. Thereupon, on motion of the defendant, he was substituted as a…
1Opinion of the CourtCollier, C. J.
In Doe ex dem. Davis v. McKinney and McKinney, 5 Ala. 719, the first question raised upon the record was fully considered, as well independently of, as in reference to the third section of the act “ for the relief of tenants in possession against dormant titles.” We there said that “ the terms of this enactment are certainly broad enough, if literally interpreted, to extend to all cases, and it would really seem that no inconvenience would result from allowing it thus to operate. By making himself a defendant, the landlord cannot urge as a defence any matter which the law did not previously…
2Cases cited6 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Doe ex dem. Davis v. McKinneySupreme Court of Alabama · 1843
- Sommerville v. StephensonSupreme Court of Alabama · 1831
- Andrews v. HooperMassachusetts Supreme Judicial Court · 1816
- Phelps v. FootSupreme Court of Connecticut · 1815
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Elmore v. HarrisSupreme Court of Alabama · 1848
- White v. HutchingsSupreme Court of Alabama · 1866
- Ex parte WebbSupreme Court of Alabama · 1877
- Hartman v. McCraryMissouri Court of Appeals · 1894
- Trammell v. ThurmondSupreme Court of Arkansas · 1856
1 more not listed; retrieve them via the Exa API.