Pendley v. Madison's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. S. H. Sprott. This action was brought by A. W. Madison, as the administrator of the estate of John Madison, deceased, against Jesse Pendley, to recover the possession of a tract of land containing about fifteen acres; and was commenced on the 11th September, 1885. The defendant pleaded not guilty, and adverse possession for ten years under claim of title; and the cause was tried on issue joined on these pleas.
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Appeal from the Circuit Court of Walker. Tried before the Hon. S. H. Sprott. This action was brought by A. W. Madison, as the administrator of the estate of John Madison, deceased, against Jesse Pendley, to recover the possession of a tract of land containing about fifteen acres; and was commenced on the 11th September, 1885. The defendant pleaded not guilty, and adverse possession for ten years under claim of title; and the cause was tried on issue joined on these pleas. On the trial, as appears from the bill of exceptions, it was pr'oved that the land sued for, with other adjacent lands,…
1Opinion of the CourtSomerville, J.
-1. The present action, which is one of ejectment under the statute, was properly brought in the name of the personal representative of the deceased testator, whether his purpose was to recover the lands with the intention to sell them for distribution, or for the payment of debts. The right to maintain the action is conferred on the personal representative by the statute, and, in this case, is instituted against strangers, and not against the remainder-men under the testator’s will. — Morgan v. Casey, 73 Ala. 222; Leatherwood v. Sullivan, 81 Ala. 458; Landford v. Dunklin, 71 Ala. 594.
2. Both…
2Cases cited12 opinions
- Landford v. DunklinSupreme Court of Alabama · 1882
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- Pollard v. CockeSupreme Court of Alabama · 1851
- Thrasher v. IngramSupreme Court of Alabama · 1858
- Benson v. MitchellSupreme Court of Alabama · 1855
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Washington v. NorwoodSupreme Court of Alabama · 1900
- Powell v. PearsonSupreme Court of Alabama · 1929
- Smith v. MaberrySupreme Court of Arkansas · 1921
- Birmingham Fuel Co. v. BoshellSupreme Court of Alabama · 1914
18 more not listed; retrieve them via the Exa API.