Payne v. Crawford
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. J. M. Carmichael. This was a statutory real action in the nature of ej ectment, brought by the appellee, Mary A. Crawford, against L. W. Payne; and sought to recover two strips of land lying between their several possessions. The substance of the pleas is sufficiently stated in the opinion, as are also the four replications to the first plea, which are considered by the court.
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Appeal from the Circuit Court of Lee. Tried before the Hon. J. M. Carmichael. This was a statutory real action in the nature of ej ectment, brought by the appellee, Mary A. Crawford, against L. W. Payne; and sought to recover two strips of land lying between their several possessions. The substance of the pleas is sufficiently stated in the opinion, as are also the four replications to the first plea, which are considered by the court. To the fourth and fifth replications the defendant demurred on the following. grounds : 1st. Because the facts set forth therein do not show such facts as…
1Opinion of the CourtHabalson, J.
This suit is a statutory real action, by Mary A. Crawford against L. W. Payne, to recover two strips of land lying between their several possessions, and the contention is whether the strip belongs to the plaintiff or defendant. Neither asserted claim, save as they severally contended, a proper survey andmeasurment would ‘show the rightfulness of their respective claims.
I. The pleadings, so far as the assignments of error make it necessary to notice them, were a special plea, numbered 1, by defendant, in which he set up an agreement, entered into by the plaintiff and defendant, to arbitrate…
2Cases cited15 opinions
- Hunnicutt v. PeytonSupreme Court of the United States · 1880
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Dothard v. DensonSupreme Court of Alabama · 1882
- Cook v. Rome Brick Co.Supreme Court of Alabama · 1893
- Daffron v. CrumpSupreme Court of Alabama · 1881
10 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Smith v. BachusSupreme Court of Alabama · 1915
- Brock v. BrockSupreme Court of Alabama · 1967
- Comer & Co. v. Way & EdmundsonSupreme Court of Alabama · 1894
- Barfield v. EvansSupreme Court of Alabama · 1914
- Owen v. MoxonSupreme Court of Alabama · 1910
26 more not listed; retrieve them via the Exa API.