Reese v. Reaves
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. J. C. Richardson. The facts of the case are sufficiently stated in the opinion. cited Oaldwell v. Smith, 77 Ala. 164; Dane v. Glennon, 72 Ala. 160; 85 Ala. 112; Code of 1896, § 29. Adverse holding at the time of conveyance does not prevent grantee suing in the name of the grantor. — Pearson v. King, 99 Ala. 125. (2.) No violation of the statute of amendment where real beneficial party amends by adding the…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. J. C. Richardson. The facts of the case are sufficiently stated in the opinion. cited Oaldwell v. Smith, 77 Ala. 164; Dane v. Glennon, 72 Ala. 160; 85 Ala. 112; Code of 1896, § 29. Adverse holding at the time of conveyance does not prevent grantee suing in the name of the grantor. — Pearson v. King, 99 Ala. 125. (2.) No violation of the statute of amendment where real beneficial party amends by adding the name of grantor. — Johnston v. Martin, 54 Ala. 271; American Union Tel. Go. v. Daughtry, 89 Ala. 191; Pearson v. King,…
1Opinion of the Court
TYSON, J.-
This was a statutory action in the nature of ejectment. On the trial, it was developed by the evidence, that when the deed, under which the plaintiff 'derived title was executed, the defendant was in the adverse possession of the land sued for. The deed, though operative and valid between the parties to it, was void as against the defendant. — 3 Brick. Dig., 18, § 51. To avoid the effect of the defendant’s adverse possession, the plaintiff, against the objection of defendant, was allowed to amend his complaint by adding as parties plaintiff, J. H. Reaves and Mattie Reaves, who were…
2Cases cited4 opinions
- Caldwell v. SmithSupreme Court of Alabama · 1884
- Johnson v. MartinSupreme Court of Alabama · 1875
- Dane v. GlennonSupreme Court of Alabama · 1882
- Pearson v. KingSupreme Court of Alabama · 1891
3Cited by3 opinions
- Walker v. AdlerSupreme Court of Alabama · 1927
- Gambill v. CooperSupreme Court of Alabama · 1908
- Fletcher v. PrestwoodSupreme Court of Alabama · 1907