Wilson v. Kirkland
Supreme Court of Alabama
Ejectment. Ejectment by W. W. Kirkland against W. J. Wilson and others. Kirkland having died pending the suit, the action was revived in the name of Laura Kirkland as executrix who was also a devisee under the will. Judgment for plaintiff and defendants appeal.
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Ejectment. Ejectment by W. W. Kirkland against W. J. Wilson and others. Kirkland having died pending the suit, the action was revived in the name of Laura Kirkland as executrix who was also a devisee under the will. Judgment for plaintiff and defendants appeal. The court erred in permitting a revival in the name of the executrix, and in admitting her appointment as evidence. — Ex parte Sayre, 69 Ala. 184; Ex parte Nabors, 7 Ala. 459; Evcms v. Welsh, 63 Ala. 250; Orutehfield v. Hudson, 23 Ala. 393; Ridgeway v. Waugh, 51 Ala. 423. It clearly appears that the personal representative could not…
1Opinion of the CourtSayre, J.
W. W. Kirkland brought his statutory action of ejectment for the recovery of a tract of land, claiming mesne profits also. The plaintiff died pending the action, leaving a will by which the title of all his lands vested in his widow. The trial court allowed the action to be revived in the name of the widow as executrix. It is said that this was error, for the reason that the revivor should have been had in her name as devisee.
While the action of ejectment cannot be maintained by heir and personal representative jointly as original parties, because they have no interests in common (Tarver v.…
2Cases cited7 opinions
- Evans v. WelchSupreme Court of Alabama · 1879
- Morgan v. CaseySupreme Court of Alabama · 1882
- Alabama State Land Co. v. ThompsonSupreme Court of Alabama · 1894
- McKay v. BroadSupreme Court of Alabama · 1881
- Maxwell v. MooreSupreme Court of Alabama · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Jim Walter Homes, Inc. v. HolmanCourt of Civil Appeals of Alabama · 1979
- Rucker v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1912
- Ex Parte ProctorSupreme Court of Alabama · 1945
- Randolph v. HubbertSupreme Court of Alabama · 1914
- Gay v. FricksSupreme Court of Alabama · 1924
3 more not listed; retrieve them via the Exa API.