Bromberg v. Smee
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This was a common law action of ejectment, brought by the appellant, Frederick C. Bromberg, against the appellee, Stella Smee.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This was a common law action of ejectment, brought by the appellant, Frederick C. Bromberg, against the appellee, Stella Smee. In the declaration as originally filed, the demise was laid in Frederiek G.' Bromberg, and purported to be executed on August 18, 1900. The declaration was amended and the recovery was predicated upon a demise of one George Cassibry, executed on October 23, 1872. The defendant pleaded the general issue. The plaintiff introduced in evidence a deed from George Cassibry to him, executed…
1Opinion of the CourtTyson, J.
The plaintiff and defendant each claim title to the land in controversy under deeds executed by Oassibry; the former under a deed executed to him in 1900, and the latter under a deed to Gourmond, her adopted father, made in 1800. Doubtless for the purpose of avoiding the effect of defendant’s possession upon the conveyance under which plaintiff claims title, the third count of the complaint was added, by way of amendment, predicated upon a demise by Oassibry in October, 1872.
The decisive point in the case, is involved in the question whether the deed of Oassibry to Gourmond is void for…
2Cases cited2 opinions
- Frank v. MyersSupreme Court of Alabama · 1892
- Morris & Co. v. GiddensSupreme Court of Alabama · 1893
3Cited by12 opinions
- Lange v. WatersCalifornia Supreme Court · 1909
- Swindall v. FordSupreme Court of Alabama · 1913
- Southern Iron & Steel Co. v. StowersSupreme Court of Alabama · 1914
- Turk v. TurkSupreme Court of Alabama · 1921
- Haisten v. ZiglarSupreme Court of Alabama · 1953
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