Kelly v. Hendricks
Supreme Court of Alabama
Appeal from Sumter Circuit Court. Tried before Hon. George H. Craig. This was a real action in the nature of ejectment, commenced by the appellee, Virginia Hendricks, against the appellant, Thomas Kelly, to recover a lot in the town of Gainesville. There was a verdict and judgment for the plaintiff in the court below, and the defendant having reserved exceptions on the trial, brings the case here by appeal.
Read the full summary
Appeal from Sumter Circuit Court. Tried before Hon. George H. Craig. This was a real action in the nature of ejectment, commenced by the appellee, Virginia Hendricks, against the appellant, Thomas Kelly, to recover a lot in the town of Gainesville. There was a verdict and judgment for the plaintiff in the court below, and the defendant having reserved exceptions on the trial, brings the case here by appeal. Both parties deduced title from a common grantor, one J. A. Woodward. Mrs. Kelly’s title was shown to be as follows: On the 21st day of May, 1860, Woodward executed a deed of trust…
1Opinion of the CourtBrickell, C. J.
It is settled by former decisions that in an action of ejectment, or the corresponding real action prescribed by statute, a plaintiff showing a superior legal title must recover whatever may be the equities of the parties. The defendant may be the vendee of the plaintiff, in possession, holding the plaintiff’s bond for title, on the payment of the purchase money, and may have fully paid it, entitling himslfto a specific performance, yet the legal title of the plaintiff must prevail at law, and the defendant must resort to equity for relief. — 1 Brick. Dig. 627, §§ 34, 35, 36; •or, it may be…
2Cases cited2 opinions
- Doe ex dem. McPherson v. WaltersSupreme Court of Alabama · 1849
- Gimon v. DavisSupreme Court of Alabama · 1860
3Cited by14 opinions
- Ivy v. HoodSupreme Court of Alabama · 1918
- Fielder v. ChildsSupreme Court of Alabama · 1883
- Hendricks v. KellySupreme Court of Alabama · 1879
- Allen v. KellamSupreme Court of Alabama · 1881
- Ala. Gt. Southern R. R. v. South & North Ala. R. R.Supreme Court of Alabama · 1887
9 more not listed; retrieve them via the Exa API.