Collins v. Johnson
Supreme Court of Alabama
APPEAL from tbe Circuit Court of Barbour. Tried before the Hon. J. McCaleb "Wiley. This case was heard before the Supreme Court at a previous term, and may he found reported in 45 Alabama, 548, where its character is fully stated by Peters, J., who delivered the opinion of the court. It was then reversed and remanded,. and is now up on an appeal from the rulings of the court, below in the second trial.
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APPEAL from tbe Circuit Court of Barbour. Tried before the Hon. J. McCaleb "Wiley. This case was heard before the Supreme Court at a previous term, and may he found reported in 45 Alabama, 548, where its character is fully stated by Peters, J., who delivered the opinion of the court. It was then reversed and remanded,. and is now up on an appeal from the rulings of the court, below in the second trial. The evidence on the trial, from which appeal is now taken, is in effect that the plaintiff (appellant) purchased the land in controversy at a sale made by the commissioners, on the application…
1Opinion of the CourtBrickell, C. J.
1. The action of ejectment, and the corresponding real action, which the Code authorizes, is a strictly legal action, involving only the legal title. Equitable defenses can not be interposed to defeat it.—Chapman v. Glassel, 13 Ala. 50; Trammell v. Simmons, 17 Ala. 411; Nickles v. Haskins, 15 Ala. 619; Langford v. Love, 3 Sneed, 308; Jackson v. Parkhurst, 4 Wend. 369. The court was in error in supposing the parol contract of sale to Wilson Johnson affected the appellant's right of recovery. If the contract had remained unrescinded, and possession had accompanied it, the purchase money having…
2Cases cited13 opinions
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Doe ex dem. Farmer's Heirs v. EslavaSupreme Court of Alabama · 1847
- Jackson ex dem. Lowell v. ParkhurstNew York Supreme Court · 1830
- Benje v. Creagh's Adm'rSupreme Court of Alabama · 1852
- Chapman v. GlassellSupreme Court of Alabama · 1848
8 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Dothard v. DensonSupreme Court of Alabama · 1882
- Boykin v. SmithSupreme Court of Alabama · 1880
- Hicks Bros. v. Swift Creek Mill Co.Supreme Court of Alabama · 1901
- Robinson v. AllisonSupreme Court of Alabama · 1892
43 more not listed; retrieve them via the Exa API.