Morrison v. Stevenson
Supreme Court of Alabama
Appeal from Lowndes Circuit Court. Tried before Hon. John Moore. This was a statutory real action in the nature of ejectment, brought by Mary E. Morrison and others, the appellants, against Henry Giddens and Harrison Stevenson, for the recovery of a tract of land, and was commenced on 24th of September, 1880. Henry Giddens disclaimed all interest in the lands; but Harrison Stevenson, the appellee, defended the suit and set up, among other defenses, the statute of limitations…
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Appeal from Lowndes Circuit Court. Tried before Hon. John Moore. This was a statutory real action in the nature of ejectment, brought by Mary E. Morrison and others, the appellants, against Henry Giddens and Harrison Stevenson, for the recovery of a tract of land, and was commenced on 24th of September, 1880. Henry Giddens disclaimed all interest in the lands; but Harrison Stevenson, the appellee, defended the suit and set up, among other defenses, the statute of limitations of ten years. To this plea the plaintiffs replied, that “said plaintiffs heretofore, to-wit: on the 10th day of…
1Opinion of the CourtBriokell, C. J.
The replication to the plea of the statute of limitations is founded on the statute (Code of 1876, § 3235), which provides: “ If suit be brought in any of the said actions, *450before tbe time limited lias expired, and judgment be rendered for the plaintiff, and such judgment be arrested or reversed on appeal, the plaintiff, or his legal representative, may commence suit again in one year from the reversal or arrest of such judgment, though the period limited may in the meantime have expired; and in like manner, if more than one judgment be reversed or arrested an action may be recommenced within…
2Cases cited5 opinions
- Ex parte BanksSupreme Court of Alabama · 1856
- Duramus v. HarrisonSupreme Court of Alabama · 1855
- Roland v. LoganSupreme Court of Alabama · 1850
- Stallworth v. StallworthSupreme Court of Alabama · 1856
- Bank of Mobile v. Meagher & Co.Supreme Court of Alabama · 1859
3Cited by26 opinions
- Banks v. StateSupreme Court of Alabama · 1921
- Harrington v. State Ex Rel. Van HayesSupreme Court of Alabama · 1917
- Galloway Coal Co. v. StanfordSupreme Court of Alabama · 1926
- Ex Parte Fontaine Trailer Co.Supreme Court of Alabama · 2003
- Lewis v. StateCourt of Criminal Appeals of Texas · 1910
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