Dane v. Glennon
Supreme Court of Alabama
Api'KAR from the Circuit Court of Mobile. Tried before the lion. II. T. ToclMIN. (1.) An action of ejectment, or other real action, unlike actions for the recovery of money-(Code, § 2890), nrast be brought in the name of the person having the legal title; and when he sues for the use of another person, by the words of the statute, which are general,, and embrace “all cases” (§ 2891), “the beneficiary must be considered the sole party on the record.”
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Api'KAR from the Circuit Court of Mobile. Tried before the lion. II. T. ToclMIN. (1.) An action of ejectment, or other real action, unlike actions for the recovery of money-(Code, § 2890), nrast be brought in the name of the person having the legal title; and when he sues for the use of another person, by the words of the statute, which are general,, and embrace “all cases” (§ 2891), “the beneficiary must be considered the sole party on the record.” It necessarily follows, when the name of the beneficiary is stricken out, there was no plaintiff on the record. — Leaird v. Moore, 27 Ala. 326;…
1Opinion of the CourtSOMETtYILLE, J.
This is a statutory action of ejectment, brought by Glennon, in the Circuit Court of Mobile county, against Dane. Both parties claim title through Fisher; Glen-non claiming by purchase at an administrator’s sale, made in the year 1879, by one ITaynie, as the administrator of Fisher’s estate, under authority of an order made by the Probate Court. Dane claimed under execution sale made by the sheriff in October, 1875, before Fisher’s death; the execution having been issued on a judgment against Fisher, in December, 1874, in favor of one Claude Beroujon, the lien of which was properly kept up by…
2Cases cited17 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Lyon v. HuntSupreme Court of Alabama · 1847
- Bidwell v. ColemanSupreme Court of Minnesota · 1865
- Oliver v. RobinsonSupreme Court of Alabama · 1877
- Crommelin v. MinterSupreme Court of Alabama · 1846
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Caldwell v. SmithSupreme Court of Alabama · 1884
- Greil Bros. v. City of MontgomerySupreme Court of Alabama · 1913
- Johnson v. HarperSupreme Court of Alabama · 1894
- Pollak v. MilamSupreme Court of Alabama · 1914
- Lodge v. WilkersonSupreme Court of Alabama · 1911
9 more not listed; retrieve them via the Exa API.