Bernheim & Co. v. Horton
Supreme Court of Alabama
Appeal from the Circuit Court of Conecuh. Tried before the Hon. John R. Tyson. This was a statutory action of ejectment, originally brought by E. B. Horton against James Rose, to recover certain lands specifically described in. the complaint. Bernheim & Co., being the landlords of the original defendant, Rose, were allowed to come in and defend the suit. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Conecuh. Tried before the Hon. John R. Tyson. This was a statutory action of ejectment, originally brought by E. B. Horton against James Rose, to recover certain lands specifically described in. the complaint. Bernheim & Co., being the landlords of the original defendant, Rose, were allowed to come in and defend the suit. The facts of the case are sufficiently stated in the opinion. Upon the hearing, of all the evidence, the court, at the request of the plaintiff in writing, gave the general affirmative charge in his behalf. The defendants duly excepted to the…
1Opinion of the CourtColeman, J.
Appellee, Horton, sued one James Rose in the statutory action of ejectment to recover certain lands, described in the complaint. Bernheim & Co., being the landlord of Rose, came in and defended. Both parties concede the legal title at one time was vested in Robert B. Witter. The plaintiff based his right to recover upon the following facts : Witter, through his agent, Feagan, for a consideration, agreed to sell the land in controversy to one Bethea; and in pursuance of said agreement, in the year 1886, signed a deed of con*383veyance of the land to the said Bethea and delivered the same to…
2Cases cited10 opinions
- Pollard v. CockeSupreme Court of Alabama · 1851
- Guilmartin v. WoodSupreme Court of Alabama · 1884
- Lucy v. Tenn. & Coosa RailroadSupreme Court of Alabama · 1890
- Smoot v. LecattSupreme Court of Alabama · 1828
- Snedecor v. FreemanSupreme Court of Alabama · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908
- Jackson Lumber Co. v. McCrearySupreme Court of Alabama · 1902
- Dawson v. J. A. Lindsey & Co.Supreme Court of Alabama · 1931
- Sheats v. ScottSupreme Court of Alabama · 1901
- Hale v. ChandlerSupreme Court of Alabama · 1913
1 more not listed; retrieve them via the Exa API.