Hawkins v. Ross
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was a statutory action of ejectment, brought by the appellant against the appellee; and sought to recover the possession of certain lands specifically described in the complaint. There was judgment for the defendant, and plaintiff appeals. The facts of the case are sufficiently stated in the opinion.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was a statutory action of ejectment, brought by the appellant against the appellee; and sought to recover the possession of certain lands specifically described in the complaint. There was judgment for the defendant, and plaintiff appeals. The facts of the case are sufficiently stated in the opinion. Upon the introduction of all the evidence the court, in its oral charge to the jury instructed them as follows: “There was a deed sought to be proven purporting to be executed by Elbert Armstrong to J. H. Boss.…
1Opinion of the CourtHaralson, J.
This suit is a statutory action in the nature of ejectment, by the appellant, Hawkins, to recover from Elmira Boss, the appellee, a certain lot of land described in the complaint.
The pleas upon which issue was joined and the cause tried were, not guilty, and a special plea of coverture, in which the defendant alleged, “that the property sued for, was her statutory separate estate, at the time of the execution of the conveyance upon which the plaintiff relies for a recovery ; that she was, at the time of the execution of said conveyance, a married woman, the wife of J. H. Boss, and was living…
2Cases cited11 opinions
- Doe ex dem. McPherson v. WaltersSupreme Court of Alabama · 1849
- Lansden v. BoneSupreme Court of Alabama · 1890
- Drake v. GloverSupreme Court of Alabama · 1857
- Nelson v. KellySupreme Court of Alabama · 1890
- Russell v. WalkerSupreme Court of Alabama · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Richardson v. StephensSupreme Court of Alabama · 1898
- Mobile Transportation Co. v. City of MobileSupreme Court of Alabama · 1900
- Richardson v. StephensSupreme Court of Alabama · 1896
- Larkin v. BatySupreme Court of Alabama · 1895
- Elston v. ComerSupreme Court of Alabama · 1895
3 more not listed; retrieve them via the Exa API.