Henry v. Thorpe
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Writ of right before the Hon. John Bragg. The plaintiffs in error, by their writ, sued out the 27th October, 1845, demanded a lot of land in the city of Mobile, and counted upon the right of their ancestor, Sebastian Shade, alledging that he was seized of the premises on the 1st January, 1820, in his own demesne as of fee, and that he being so seized during his life, was unjustly, and without judgment, disseized of the same by one…
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Appeal from the Circuit Court of Mobile. Writ of right before the Hon. John Bragg. The plaintiffs in error, by their writ, sued out the 27th October, 1845, demanded a lot of land in the city of Mobile, and counted upon the right of their ancestor, Sebastian Shade, alledging that he was seized of the premises on the 1st January, 1820, in his own demesne as of fee, and that he being so seized during his life, was unjustly, and without judgment, disseized of the same by one Thomas Shields, under whom the defendants claim, and after the disseizin aforesaid, the said Sebastian Shade died, to wit:…
1Opinion of the CourtCollier, C. J.
Where the claimant of real estate neglected to resort to his possessory action within the period prescribed by law, or if the ouster took place upon a discontinuance, the adverse party was considered as having acquired not merely an apparent, but an actual right of possession; the effect of which was that the claimant was driven *109to his real action droitural, (to determine the right of property,) as the only remaining remedy. Of such actions, the principal one was the writ of right, sometimes called to distinguish it from others of the droitural class, the writ of right proper. 2 Bla. Com.…
2Cases cited3 opinions
- Wellington v. GaleMassachusetts Supreme Judicial Court · 1816
- Wells v. PrinceMassachusetts Supreme Judicial Court · 1808
- Williams v. WoodardNew York Supreme Court · 1831
3Cited by29 opinions
- Lufkin v. McCallumCourt of Appeals for the Eleventh Circuit · 1992
- Tyson v. Johns-Manville Sales Corp.Supreme Court of Alabama · 1981
- Street v. City of AnnistonSupreme Court of Alabama · 1980
- Martin v. MartinSupreme Court of Alabama · 1860
- Rawls v. Doe ex dem. KennedySupreme Court of Alabama · 1853
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