Crow v. Smith

The action, under the statute, was in the nature of ejectment. Code, § 5382, p. 1200, form 29; Bush v. Glover, 47 Ala. 167, 171. The plaintiffs and defendant claimed title from a cbmmon source (Perolio v. Doe ex dem. Woodward Iron Co., 197 Ala. 560, 73 South. 197), to wit, their father, John Clark Crow. The plaintiffs are Susie Keith (the child of Crow by his second wife) and her children; the defendant is C. L. Crow, her half-brother and son of the father by his first wife. The judgment was for the plaintiffs.

In ejectment, where the action is possessory (Holland v. Pattilo, 205 Ala. 221, 87…