Shepherd v. Parker
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Ray Rushton, Special Judge. Unlawful detainer by H. H. Parker against Ella Shepherd. From a judgment for plaintiff, defendant appeals. A suit was instituted by H. H. Parker, and was afterwards amended by inserting the words, after H. H. Parker, “for the use of Mark D. Brainard,” to whom Parker had sold and deeded the property.
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Appeal from Montgomery City Court. Heard before Hon. Ray Rushton, Special Judge. Unlawful detainer by H. H. Parker against Ella Shepherd. From a judgment for plaintiff, defendant appeals. A suit was instituted by H. H. Parker, and was afterwards amended by inserting the words, after H. H. Parker, “for the use of Mark D. Brainard,” to whom Parker had sold and deeded the property. The facts tended to show that the property was once the property of George Singo, the grandfather of Will and Ella Shepherd; that the property was set aside to Dorcas Singo, the widow of George, and she conveyed the…
1Opinion of the CourtMcCLELLAN, J.
— There was no submission on motion to dismiss this appeal; hence the reference thereto in brief is a mere suggestion, upon which this court cannot act.
The point that the sureties on the defendant’s appeal bond from the justice’s to the circuit court should have joined in the appeal to this court cannot be taken ex mero motu, since the objection was waived by the submission on the merits. —See Sellers v. Smith, 143 Ala. 566, 39 South. 356.
The demand upon appellant to deliver the possession was properly given by Parker, Brainard’s grantor, pending the life of the alleged lease of the premises.…
2Cases cited4 opinions
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- Dwine v. BrownSupreme Court of Alabama · 1860
- Sellers v. SmithSupreme Court of Alabama · 1904
- Kennedy v. HitchcockSupreme Court of Alabama · 1836
3Cited by3 opinions
- Cauble v. Boy Scouts of AmericaSupreme Court of Alabama · 1947
- Greenwood v. BennettSupreme Court of Alabama · 1922
- Hill v. HarrisSupreme Court of Alabama · 1913