Clements v. Taylor
Supreme Court of Alabama
Appeal from the Circuit Court of Clay. Tried before the Hon. John Henderson. This action was brought by Benjamin A. Clements, against Owen Taylor, to recover the possession of a tract of land, particularly described in the complaint, with damages for its detention. The summons, as copied in the transcript, is without date, and without any indorsement of service.
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Appeal from the Circuit Court of Clay. Tried before the Hon. John Henderson. This action was brought by Benjamin A. Clements, against Owen Taylor, to recover the possession of a tract of land, particularly described in the complaint, with damages for its detention. The summons, as copied in the transcript, is without date, and without any indorsement of service. The complaint is entitled of- the Spring term, 1873, and the trial was had in 1878. On the trial, as is shown' by the bill of exceptions, the plaintiff testified, as a witness for himself, that he owned the land in August, 1856, and…
1Opinion of the CourtStone, J.
— Clements, the plaintiff, contracted to sell the lands in controversy to one Taylor, in 1856. The title remained in Clements, he contracting to make Taylor a title on some future event. Taylor went into possession under his purchase; and he and the present defendant, claiming under him, have had possession ever since. He is still without title, and there is controversy as to the full payment of the purchase-money. The present action was brought in 1873. This makes out a prima facie case for the plaintiff. 1 Brick. Digest, 627, § 34.
The defense is, that Clements became a voluntary bankrupt in…
2Cases cited5 opinions
- Robinson v. DennySupreme Court of Alabama · 1877
- Bolling v. MunchusSupreme Court of Alabama · 1877
- Rea v. RichardsSupreme Court of Alabama · 1876
- Pike v. CrehoreSupreme Judicial Court of Maine · 1885
- Tibbetts v. BakerSupreme Judicial Court of Maine · 1850
3Cited by2 opinions
- Aiken v. McMillanSupreme Court of Alabama · 1925
- Goode v. TempleSupreme Court of Alabama · 1930