Noble v. Coleman
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Tried before Ibe Hon. George Goldthwaite. This was an action of trespass, to try titles to two lots of ground in the city of Montgomery, and was instituted by the plaintiffs in error against Robert C. Coleman, one of the defendants.
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Error to the Circuit Court of Montgomery. Tried before Ibe Hon. George Goldthwaite. This was an action of trespass, to try titles to two lots of ground in the city of Montgomery, and was instituted by the plaintiffs in error against Robert C. Coleman, one of the defendants. At the trial, Charles G. Gunter moved the court to admit him as a party defendant, on the ground, that he claimed to be the' true owner of the lots in controversy, and that said Coleman was his tenant at will, and held under him. The plaintiffs objected, but the court, notwithstanding, granted "the motion, and Gunter was…
1Opinion of the CourtCollier, C. J.
The third section of the act “for the relief of tenants in possession against dormant titles” provides, “ that in any suit for the recovery of lands and tenements, which shall be commenced against any tenant for years, at will, or sufferance, it shall be lawful for his or her landlord to enter him or herself a defendant to such suit, and such landlord shall be solely entitled to all the benefits and provisions of this act:” Clay’s Digest, 321. In Doe, ex dem. Davis v. McKinney and another, 5 Ala. Rep. 719, we said, “the terms *82of this enactment are certainly broad enough, if literally…
2Cases cited8 opinions
- Hildreth v. SandsNew York Court of Chancery · 1816
- Doe ex dem. Davis v. McKinneySupreme Court of Alabama · 1843
- Chambers v. MauldinSupreme Court of Alabama · 1842
- Elmore v. HarrisSupreme Court of Alabama · 1848
- Hobbs v. BibbSupreme Court of Alabama · 1829
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3Cited by5 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Apperson & Co. v. BurgettSupreme Court of Arkansas · 1878
- Russell v. Erwin's Ad'mrSupreme Court of Alabama · 1867
- Tompkins v. Nichols & JamisonSupreme Court of Alabama · 1875
- Miller v. Rowan, Dean & Co.Supreme Court of Alabama · 1895