Bush v. Glover
Supreme Court of Alabama
Appeal from Circuit Court of Cboctaw. Tried before Hon. Luther R. Smith. Tbe facts are sufficiently stated in tbe opinion. The demurrer to tbe complaint should have been sustained, on account of its non-conformity to tbe form laid down in tbe Revised Code, p. 677. Tbe judgment rendered September 3, 1866, in favor of Hale, adm’r, v. McLean et al., is void.
Read the full summary
Appeal from Circuit Court of Cboctaw. Tried before Hon. Luther R. Smith. Tbe facts are sufficiently stated in tbe opinion. The demurrer to tbe complaint should have been sustained, on account of its non-conformity to tbe form laid down in tbe Revised Code, p. 677. Tbe judgment rendered September 3, 1866, in favor of Hale, adm’r, v. McLean et al., is void. It is a judgment by default rendered after tbe war, upon a summons issued February 8,1861, and executed February 12, 1861, by tbe sheriff of Cboctaw county. Tbe clerk issuing, and tbe sheriff serving tbe summons, must be regarded in tbe…
1Opinion of the CourtPeters, J.
This is a statutory action for the recovery of land, in the nature of action of ejectment. The suit is brought on a title derived from a sheriff’s deed. The complaint was demurred to. The statement of the cause of action is in the following words: “ The plaintiff sues to recover the following tracts of land: The north hah of north-east quarter of section twenty-three, the north half of the north-west quarter of section twenty-three, the east half of the north-east quarter of section twenty-two, the south-west quarter of the south-east quarter of section fourteen, the east half of the…
2Cases cited16 opinions
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Jackson v. TribbleSupreme Court of Alabama · 1908
- Alabama Fuel & Iron Co. v. BroadheadSupreme Court of Alabama · 1924
- Crow v. SmithSupreme Court of Alabama · 1922
- Carlisle v. Wilkins's AdministratorsSupreme Court of Alabama · 1874