Gager v. Doe, ex dem. Gordon
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. ANDREW B. Moore. This action was brought by Archibald W. Gordon against William D. Gager, to recover a city lot in Mobile; and was commenced in November, 1850. The defendant appeared, entered into the usual consent rule, pleaded not guiity, and suggested three years adverse possession and valuable improvements.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. ANDREW B. Moore. This action was brought by Archibald W. Gordon against William D. Gager, to recover a city lot in Mobile; and was commenced in November, 1850. The defendant appeared, entered into the usual consent rule, pleaded not guiity, and suggested three years adverse possession and valuable improvements. At the May term, 1851, on the application of the defendant, a change of venue was granted to Washington county, and it was ordered that the papers be transferred to the circuit court of that county. At the October term,…
1Opinion of the CourtStone, J.
1. It may be conceded that, by the change of venue, the circuit court of Mobile county parted with jurisdiction over this case. Whether the circuit court of Washington county had power, by the consent of the parties, to re-transfer the case to Mobile, we need not now decide. The lands sued for lie in Mobile county, and the circuit court of that county has jurisdiction over the subject-matter. It was competent for the parties, by consent, to waive process, come into court, and thus give jurisdiction over their persons. Thompson v. Lea, 28 Ala. 453.
2. In the case of Byrd v. McDaniel, 26 Ala.…
2Cases cited8 opinions
- Thompson v. LeaSupreme Court of Alabama · 1856
- Hair v. MoodySupreme Court of Alabama · 1846
- Lampley v. BeaversSupreme Court of Alabama · 1854
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