Wheeler v. Strickland
Supreme Court of Alabama
Appeal from Madison Circuit Court. Heard before Hon. D. W. Speaks. Ejectment between E. R. Wheeler and Conrad Strickland. Prom a judgment for Strickland, Wheeler appeals. The following is the agreed statement of facts: Conrad Strickland is in possession of the lands sued for as the tenant of Ida Cocroft, and he was so in possession at the time of bringing this suit.
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Appeal from Madison Circuit Court. Heard before Hon. D. W. Speaks. Ejectment between E. R. Wheeler and Conrad Strickland. Prom a judgment for Strickland, Wheeler appeals. The following is the agreed statement of facts: Conrad Strickland is in possession of the lands sued for as the tenant of Ida Cocroft, and he was so in possession at the time of bringing this suit. E. R. Wheeler claims to have acquired a one-third interest in the land under a proceeding in the circuit court of Madison county, as follows: January 28, 1904, the Par West Lumber Company commenced a certain suit by attachment in…
1Opinion of the CourtMayfield, J.
-This is an action of statutory ejectment. It was tried by the court, without a jury, upon an agreed statement of facts. Of this statement the reporter will set out parts sufficient to show the merits of the controversy.
One Coombs was the common source of title. Appellant claimed title through two sheriff’s deeds, one of date February 17, 1905, and the other of June 25, 1906. Both sales were under venditioni exponas, based upon the same attachment proceeding against Coombs, the common source of title, and in favor of the Far West Lumber Company. The attachment proceeding was instituted…
2Cases cited2 opinions
- DeArman v. MasseySupreme Court of Alabama · 1907
- Southern Timber & Investment Co. v. CreaghSupreme Court of Alabama · 1908
3Cited by2 opinions
- Krausse v. GreenfieldOregon Supreme Court · 1912
- Jones ex rel. Jones v. JonesSupreme Court of Alabama · 1988