National Bank v. Baker Hill Iron Co.
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Tried before Hoa. JNO. B. Tally. This was a common-law action of ejectment, brought by the appellant against the appellee on November 18th, 1889. Several counts were afterwards added by amendment, the plaintiff’s demise being laid in various lessors. Defendant filed several special pleas, together with the general issue, to some of which pleas demurrers by the plaintiff were overruled.
Read the full summary
Appeal from Cherokee Circuit Court. Tried before Hoa. JNO. B. Tally. This was a common-law action of ejectment, brought by the appellant against the appellee on November 18th, 1889. Several counts were afterwards added by amendment, the plaintiff’s demise being laid in various lessors. Defendant filed several special pleas, together with the general issue, to some of which pleas demurrers by the plaintiff were overruled. The judgment entry recites that issue being joined, the trial was commenced, and “on account of the ruling of the court upon the pleadings, the plaintiffs take a non-suit…
1Opinion of the Court
HEAD, J.,
This is a common law action of ejectment against the Baker Hill Iron Co., the demise to plaintiff being laid in different lessors in the various counts of the complaint. The plaintiff’s title was founded upon a sale for taxes of the premises in controversy and a deed made thereunder. It was also claimed that plaintiff’s lessors had acquired title by adverse possession. The judgment entry recites that the plaintiff suffered a voluntary non-suit on account of adverse rulings of the court below on the pleadings, but the bill of exceptions declares that it was rendered necessary by the…
2Cases cited6 opinions
- Childress v. CallowaySupreme Court of Alabama · 1884
- Hurst v. Bell & Co.Supreme Court of Alabama · 1882
- Oliver v. RobinsonSupreme Court of Alabama · 1877
- Clarke v. RowanSupreme Court of Alabama · 1875
- Mobile & Birmingham Railroad v. WorthingtonSupreme Court of Alabama · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Aiken v. McMillanSupreme Court of Alabama · 1925
- Southern Railway Co. v. HallSupreme Court of Alabama · 1906
- Alabama Lime & Stone Co. v. AdamsSupreme Court of Alabama · 1928
- Long v. BoastSupreme Court of Alabama · 1907
15 more not listed; retrieve them via the Exa API.