Beaty v. Washam
Supreme Court of Alabama
Appeal from Circuit Court, Coosa County; H. J. Garrison, Judge. Ejectment by W. L. Washam and others against Wiley Thomas, as tenant, who brought in his landlord, T. J. Beaty. Judgment for the plaintiffs, and defendants ap-. peal. Counsel insist' that under section 4196, Code 1907, there was a discontinuance of the suit by the death of Mrs. Washam.
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Appeal from Circuit Court, Coosa County; H. J. Garrison, Judge. Ejectment by W. L. Washam and others against Wiley Thomas, as tenant, who brought in his landlord, T. J. Beaty. Judgment for the plaintiffs, and defendants ap-. peal. Counsel insist' that under section 4196, Code 1907, there was a discontinuance of the suit by the death of Mrs. Washam. They further insist that under section 3347, Code 1907, and the testimony of Beaty that he had never heard in any way up to the time of buying the land that Mrs. Washam’s mind was in any way affected, that the defendant was. entitled to the…
1Opinion of the CourtMcCLELLAN, J.
Statutory ejectment, instituted September 11, 1918, by appellees against appellants Beaty and Thomas; the latter being the tenant of the former. As the result of findings of fact by the jury, plaintiffs were given judgment for the land described in the complaint. The appellees, plaintiffs, are among the heirs at law of R. J. Washam, deceased, who died in 1917.
In February, 1908, Teel conveyed the land in question, by warranty deed, for a valuable consideration, to R. J. Washam. R. J. Washam and his wife, Francis A., resided on this land. It was their homestead on the 7th day of September,…
2Cases cited5 opinions
- Dooley v. VillalongaSupreme Court of Alabama · 1878
- Fuller v. American Supply Co.Supreme Court of Alabama · 1914
- Thompson v. New England Mortgage Security Co.Supreme Court of Alabama · 1895
- Vancleave v. WilsonSupreme Court of Alabama · 1882
- Hodges v. HodgesSupreme Court of Alabama · 1918
3Cited by6 opinions
- Hall v. BrittonSupreme Court of Alabama · 1927
- Metropolitan Life Ins. Co. v. EstesSupreme Court of Alabama · 1934
- Washam v. BeatySupreme Court of Alabama · 1923
- Owens v. HarrisSupreme Court of Alabama · 1931
- Hood v. HolliganSupreme Court of Alabama · 1935
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