Jay v. Stein
Supreme Court of Alabama
Appeal from the Probate Court of Monroe. Tried before the Hon. P. O. Habper. This action was brought by John D. Jay, in his own right, and as next friend of his infant sister, Elizabeth E. Jay, against James Stein, Larkin W. Lindsey, and George W. Riley ; and was commenced on the 11th September, 1868. At the Spring Term, 1871, the death of said Lindsey was suggested, and a sci.fa. was ordered to issue to his personal representatives. At the Spring Termj 1872, Geo.
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Appeal from the Probate Court of Monroe. Tried before the Hon. P. O. Habper. This action was brought by John D. Jay, in his own right, and as next friend of his infant sister, Elizabeth E. Jay, against James Stein, Larkin W. Lindsey, and George W. Riley ; and was commenced on the 11th September, 1868. At the Spring Term, 1871, the death of said Lindsey was suggested, and a sci.fa. was ordered to issue to his personal representatives. At the Spring Termj 1872, Geo. W. Riley, as the executor of said Lindsey, was made a party, and pleaded, “ that he is not now, and was not at the commencement of…
1Opinion of the CourtBrickell, J.
— When one of several defendants in ejectment dies, pending the suit, the action abates as to him. It is not capable of revivor against his personal representative, and heirs or devisees, so as to proceed jointly against them and the surviving defendants. The suggestion of the death is entered of record, and the cause proceeds against the survivors. It is said, in such case, if the defendants had made joint defence, and the plaintiff recovered, the judgment against the survivors ought to be general, —that the plaintiff recover his entire term in the premises, — because, by survivorship, the…
2Cases cited9 opinions
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- Rupert & Cassity v. Elston'sSupreme Court of Alabama · 1859
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3Cited by13 opinions
- Chastang v. ChastangSupreme Court of Alabama · 1904
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