Marbury Lumber Co. v. Wainwright
Supreme Court of Alabama
Appeal from Circuit Court, Autauga County; Laon McCord, Judge. Suit by the Marbury Lumber Company against J. B. Wainwright and others. Prom judgment for plaintiff as against the named defendant, plaintiff appeals.
1Opinion of the CourtMayeield, J.
Appellant sued J. B. Wainwright and four other Wainwrights in statutory ejectment, to recover several 40-acre tracts of land. All of the defendants except J. B. Wainwright disclaimed possession to all the lands sued for, and J. B. Wainwright disclaimed as to one 40, and pleaded not guilty as to all the other lands sued for. Issue was joined on the plea of not guilty only; and verdict and judgment was rendered for the plaintiff for three small parcels, each out of different 40-acre tracts sued for.
[1] The plaintiff was certainly entitled to a verdict and judgment against the four defendants…
2Cases cited4 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- McQueen v. LampleySupreme Court of Alabama · 1883
- McClendon v. Equitable Mortgage Co.Supreme Court of Alabama · 1898
- Bailey v. SeldenSupreme Court of Alabama · 1899
3Cited by3 opinions
- Holland v. PattilloSupreme Court of Alabama · 1921
- Modern Woodmen of America v. KehoeMississippi Supreme Court · 1946
- Wainwright v. Marbury Lumber Co.Supreme Court of Alabama · 1921