Alexander v. Fountain
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Ejectment by Milner Fountain and another against C. C. Alexander. Judgment for plaintiffs, and defendant appeals. The pleas referred to are: (1) Former recovery by defendant in ejectment in the same suit between the same parties about-the same subject-matter.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Ejectment by Milner Fountain and another against C. C. Alexander. Judgment for plaintiffs, and defendant appeals. The pleas referred to are: (1) Former recovery by defendant in ejectment in the same suit between the same parties about-the same subject-matter. The other pleas set up a suit between the same parties and G. B. Mitchell in assumpsit, and a settlement by Mitchell in the sum of $250, and judgment rendered against Mitchell for that amount. The other facts sufficiently appear.
1Opinion of the CourtMayfield, J.
This is an action of ejectment. There was a common source of title, G. B. Mitchell. It appears without dispute that Jerry Fountain, the ancestor of plaintiff Milner. Fountain, owned the land. It was sold as the property of Jerry Fountain, under an execution sale of date December 15, 1902, at which sale G. B. Mitchell became the purchaser. On the 16th day of November, 1908, Mitchell conveyed by warranty deed to appellant, C. C. Alexander, which deed was duly recorded in the probate office of Jefferson county on the 14th day of December, 1908. This, of course, nothing else appearing, would have…
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