Nichols v. Nichols
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. Tuos. W. Wert. Unlawful detainer by Nancy. E. Nichols against Jessie Allen and others.' The court ordered the substitution of R. B. Nichols as landlord, and from a judgment for defendant, plaintiff appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. Tuos. W. Wert. Unlawful detainer by Nancy. E. Nichols against Jessie Allen and others.' The court ordered the substitution of R. B. Nichols as landlord, and from a judgment for defendant, plaintiff appeals. The evidence for plaintiff tended to 'show that her husband, J. P. Nichols, executed to her, on the 6th day of May, 1903, a deed to the land in question, and- that under that deed, but without obvious change of possession, 'she remained in possession of the land until some time in August, 1906, and the deed ivas introduced in evidence.…
1Opinion of the CourtSayre, J.
The common-law doctrine of champerty concerning conveyances of land adversely held, as interpreted in this state, did never amount to much; for the champertous deed has been construed to be a power of attorney authorizing the grantee to use the grantor’s name, as plaintiff in ejectment, to recover the lands, even against the will of the latter, and a recovery, though prosecuted in the name of the grantor, without more, inures to the benefit of the grantee.- — Pearson v. King, 99 Ala. 125, 10 South. 919; Carr v. Miller, 161 Ala. 658, 49 South. 802. The doctrine has now been abrogated by…
2Cases cited5 opinions
- Pearson v. KingSupreme Court of Alabama · 1891
- Grant v. NationsSupreme Court of Alabama · 1911
- Curtis v. RiddleSupreme Court of Alabama · 1912
- Carr v. MillerSupreme Court of Alabama · 1909
- Tutwiler v. AtkinsSupreme Court of Alabama · 1894
3Cited by5 opinions
- Grayson v. MuckleroySupreme Court of Alabama · 1929
- Reichert v. Jerome H. Sheip, Inc.Supreme Court of Alabama · 1920
- Farrington v. GreerSupreme Court of Florida · 1927
- Salter v. FoxSupreme Court of Alabama · 1915
- Bowers v. YanceySupreme Court of Alabama · 1920