Singleton v. Jackson
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Ejectment by James L. Jackson against W. L. Singleton and others. From a judgment for plaintiff, defendants appeal. The land sued for is described as follows: E. % of S. W. %, sec. 5, T. 8, R. 4 east, in Marshall county, Ala.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Ejectment by James L. Jackson against W. L. Singleton and others. From a judgment for plaintiff, defendants appeal. The land sued for is described as follows: E. % of S. W. %, sec. 5, T. 8, R. 4 east, in Marshall county, Ala. The bill of exceptions recites that in 1889 one J. T. Sparks was in possession of the land sued for, claiming it as his own, and while thus in possession he sold and conveyed the lands to W. L. Singleton, by deed absolute in form acknowledging full payment, but in fact $68 was never paid, and…
1Opinion of the CourtAnderson, J.
It is true that we have heretofore held that section 3839 of the Code of 1907, which was enacted to abolish the rule invalidating deeds made to lands when adversely held by another, did not apply to deeds made prior to the adoption of the Code.—Grant v. Nations, 172 Ala. 83, 55 South. 310; Seabury v. Hemley, 174 Ala. 113, 56 South. 530.
Yet, as we view the law and facts in the case at bar, the rule as it heretofore existed could not apply to the deed from Mitchell to Jackson, the present plaintiff. The land was sold under a judgment rendered to enforce a vendor’s lien in favor of Mitchell the…
2Cases cited6 opinions
- Bradford v. SneedSupreme Court of Alabama · 1911
- Goodwin v. FormanSupreme Court of Alabama · 1896
- Grant v. NationsSupreme Court of Alabama · 1911
- Brunson v. MorganSupreme Court of Alabama · 1888
- Seabury v. HemleySupreme Court of Alabama · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hines v. HinesSupreme Court of Alabama · 1920
- Curtis v. RiddleSupreme Court of Alabama · 1912
- Franklin v. WilsonSupreme Court of Alabama · 1980