Legal Opinion

Rawls v. Doe ex dem. Kennedy

Supreme Court of Alabama

Decided June 15, 1853PublishedCited by 31 opinions

Error to the Circuit Court of Mobile. Tried before the Hon. John A. Outhbert. Ejectment for a lot of land in the city of Mobile. The declaration laid joint and several demises from Oscar Kennedy, Charles S. Shrieve and Mary, his wife, and Ella Walker, said Oscar, Mary and Ella being the heirs at law of Joseph Kennedy.

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Error to the Circuit Court of Mobile. Tried before the Hon. John A. Outhbert. Ejectment for a lot of land in the city of Mobile. The declaration laid joint and several demises from Oscar Kennedy, Charles S. Shrieve and Mary, his wife, and Ella Walker, said Oscar, Mary and Ella being the heirs at law of Joseph Kennedy. The defendant having entered into the consent rule, and admitted possession of a portion of the land sued for, the counsel of the respective parties agreed on the 'following case : “1. That on the eighteenth day of January, 1817, Wm. E. Kennedy was the legal holder of a Spanish…

1Opinion of the Court

GOLDTHWA1TE, J.

Under the decisions of this court in Hallett & Walker v. Doe, 7 Ala. 332, and Doe v. Jones, 11 Ala. 63, and Kennedy v. Kennedy, 2 Ala. 571, Joseph P. Kennedy, by virtue of the deed from William E. Kennedy, obtained title to an undivided half of the premises sued for.—This title, at his death, descended to his heirs at law, who are the lessors of the plaintiff; and the only question really made upon the record is, as to the effect of the statute of limitations in divesting the heirs of their title thus acquired.

In this aspect of the case, the first question is. whether the…

2Cases cited10 opinions

  1. Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
  2. Henry v. ThorpeSupreme Court of Alabama · 1848
  3. Doe ex dem. Nickles v. HaskinsSupreme Court of Alabama · 1849
  4. Cox v. DavisSupreme Court of Alabama · 1850
  5. Doolittle v. BlakesleySupreme Court of Connecticut · 1810

5 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. State Farm Automobile Insurance Co. v. ReavesSupreme Court of Alabama · 1974
  2. Campbell v. StateSupreme Court of Alabama · 1913
  3. Tennessee & Coosa Railroad v. MooreSupreme Court of Alabama · 1860
  4. Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
  5. Smith v. SpeedSupreme Court of Alabama · 1874

26 more not listed; retrieve them via the Exa API.

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