Williams v. Hartshorn
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. C. W. Rapier. This action was brought by Samuel H. Hartshorn against Geo.
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Appeal from the Circuit Court of Barbour. Tried before the Hon. C. W. Rapier. This action was brought by Samuel H. Hartshorn against Geo. "W. Williams, to recover a town lot in Eufaula, together' with damages for its detention; and was commenced on the 12th June, 1855. The plaintiff claimed the premises under a mortgage executed to him by one James M. Hamilton, on the 5th March, 1855, the law-day of which was the 1st January, 1856, and which was attacked for fraud by the defendant, who, as sheriff of the county, levied an attachment on the premisés against the firm of J. M. Hamilton & Co., of…
1Opinion of the CourtRice, C. J.
This action is, under section 2209 of the Code, a substitute for the action of ejectment, and must *212be governed by the law in relation to that action, except so far,as the same is changed by the Code. The plaintiff cannot recover, unless, at the commencement of the action, he had a legal right, as distinguished from an equitable right, and the right of possession. — 1 Chitty’s Pl. 187, 191. ‘Whether he had such legal right and right of possession, we shall decline to decide, for the following reasons: The bill of exceptions does not set forth a copy of the instrument or instruments on which he…
2Cases cited2 opinions
- Desha, Sheppard & Co. v. ScalesSupreme Court of Alabama · 1844
- Lawler v. NorrisSupreme Court of Alabama · 1856
3Cited by6 opinions
- You v. FlinnSupreme Court of Alabama · 1859
- Caldwell v. Parmer's Adm'rSupreme Court of Alabama · 1876
- Bush v. FullerSupreme Court of Alabama · 1911
- Germania Fire Ins. v. StoneSupreme Court of Florida · 1885
- Cox v. CoxSupreme Court of Alabama · 1923
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