Smith v. Gayle
Supreme Court of Alabama
Appuiai from the Circuit Court of Bullock. Tried before the Hon. H. D. CLAyToN. This was an action of trespass, quare clausurnj'regil, brought by appellee, Amaranth L. Gayle, against appellants, James Q. Smith. and Thomas W. Armstrong. The complaint is in the usual form, with some circumstances of aggravation alleged. Pleas puis darrein continuance, were interposed to said complaint, to which pleas the plaintiffs filed a replication.
Read the full summary
Appuiai from the Circuit Court of Bullock. Tried before the Hon. H. D. CLAyToN. This was an action of trespass, quare clausurnj'regil, brought by appellee, Amaranth L. Gayle, against appellants, James Q. Smith. and Thomas W. Armstrong. The complaint is in the usual form, with some circumstances of aggravation alleged. Pleas puis darrein continuance, were interposed to said complaint, to which pleas the plaintiffs filed a replication. Demurrers to the replication were interposed and overruled, and issue was then taken on the replication. The appellee was the widow of one Matt. Gayle, who died…
1Opinion of the Court
BBICKFjLL, O. J.
This cause was before this court at the June term, 1874. The material question then presented *604and decided was, that the record of the judgment in the ejectment suit in the United States Circuit Court in favor of Harper against Graves, Scoggins and Gayle, who were tenants of the appellee, was not evidence against the appellee of the right of the plaintiff therein to recover, and the writ of possession issuing on that judgment did not authorize her ejectment from the premises.
The record now presents a different state of facts and a different question. The appellants, as we are…
2Cases cited13 opinions
- Thompson v. TolmieSupreme Court of the United States · 1829
- Chirac v. ReinickerSupreme Court of the United States · 1826
- Layman v. HendrixSupreme Court of Alabama · 1840
- Howard v. Kennedy's Exr'sSupreme Court of Alabama · 1843
- Jones v. ChilesCourt of Appeals of Kentucky · 1834
8 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Steenhuis v. HollandSupreme Court of Alabama · 1927
- Dwight Mfg. Co. v. WordSupreme Court of Alabama · 1917
- Sloss-Sheffield Steel & Iron Co. v. WilkesSupreme Court of Alabama · 1936
- Wright v. McCordSupreme Court of Alabama · 1920
- Vandiver & Co. v. PollakSupreme Court of Alabama · 1894
35 more not listed; retrieve them via the Exa API.