King v. Stevens
Supreme Court of Alabama
Error to the Circuit Court of Macon. Tried before the Hon. John J. Woodward. This was an action of ejectment instituted by the defendant against the plaintiff in error to recover a lot or parcel of land in Macon county.
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Error to the Circuit Court of Macon. Tried before the Hon. John J. Woodward. This was an action of ejectment instituted by the defendant against the plaintiff in error to recover a lot or parcel of land in Macon county. It appears by the bill of exceptions that the plaintiff below to make out his title introduced the following evidence: 1. A judgment rendered in the County Court of said county on the 15th day of August 1842, in favor of Paul P. Carloss against Thomas Jennings, Jr., an execution issued thereon on the 29th August 1842, a levy and sale by the sheriff of the land in controversy…
1Opinion of the Court
DARGAN,. C. J,
It is not necessary to decide, as the case now stands, whether Thomas Jennings, jr., had such a title to the land in controversy., as could be sold under an execution at law; for if w.e were to admit that the possession of Thomas Jennings,.sen’r, until his de.ath, under his bond for titles from Osborn Yougblood, and his devise to his son Thomas Jennings, jr., gave the latter such an, estate as could be sold at law, still, the plaintiff is met with the fact that the evidence discloses a superior outstanding legal title in.another,, and there is not shown to, exist any relation…
2Cases cited2 opinions
- Jackson v. MorseNew York Supreme Court · 1819
- Huston v. WickerhamSupreme Court of Pennsylvania · 1839
3Cited by3 opinions
- Nathan E. Hooper, Louisa J. Hooper, and Amanda E. Hooper, Minors, by Absalom Fowler, Their Next Friend, in Error v. Jacob ScheimerSupreme Court of the United States · 1860
- Jones' Heirs v. WalkerSupreme Court of Alabama · 1872
- Doe ex dem. Stevens v. KingSupreme Court of Alabama · 1852