Sellers v. Farmer
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Ejectment by D. G. Farmer against C. E. Sellers. From a judgment for plaintiff, defendant appeals. A discontinuance was worked and the court improperly denied the motion to strike the cause from the docket.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Ejectment by D. G. Farmer against C. E. Sellers. From a judgment for plaintiff, defendant appeals. A discontinuance was worked and the court improperly denied the motion to strike the cause from the docket. The retention of pos" session by a debtor of land sold under execution sale is not adverse to the purchaser. — Brunson v. Morgan, 86 Ala. 218; Herbert v. Hamrick, 16 Ala. 581; Mitchell v. Lipe, 8 Yerger, 179.' Hence, the deed from plaintiff to Pelham was not void because of defendant’s adverse possession and the court…
1Opinion of the CourtDenson, J.
This case ivas tried at the fall term, 1906, of the circuit court of Houston county. The minute entry shows an order allowing the defendant until December 1, 1906, to present his bill of exceptions. The bill of exceptions ivas signed on the 22d day of December, 1906 — in vacation. But the bill of exceptions shows that on the 15th day of November, 1906 — in vacation— the judge presiding made the following order: “The defendant in the case above stated is allowed until January 1, 1907, to have his bill of exceptions signed and approved. This November 15, 1906. H. A. Pearce, Judge Presiding.” It…
2Cases cited9 opinions
- Bradford v. FosterTennessee Supreme Court · 1888
- National Bank v. Baker Hill Iron Co.Supreme Court of Alabama · 1895
- Davis v. CurrySupreme Court of Alabama · 1887
- Ex parte RemsonSupreme Court of Alabama · 1857
- Foust v. MoormanIndiana Supreme Court · 1850
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3Cited by3 opinions
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- Watt v. KillebrewSupreme Court of Alabama · 1908