Russell v. Peavy
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This was a statutory action of ejectment brought by the appellant, S. I. Russell, against the appellee, Silas W. Peavy. The facts of the case are sufficiently stated in the opinion. Upon the introduction of all the evidence the plaintiff requested the court to give to the jury the following written charge: “If the jury believe the evidence, they will find a verdict in favor of the plaintiff.”
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This was a statutory action of ejectment brought by the appellant, S. I. Russell, against the appellee, Silas W. Peavy. The facts of the case are sufficiently stated in the opinion. Upon the introduction of all the evidence the plaintiff requested the court to give to the jury the following written charge: “If the jury believe the evidence, they will find a verdict in favor of the plaintiff.” The court refused to give this charge, and to this ruling the plaintiff duly excepted. The plaintiff also excepted to the…
1Opinion of the CourtDowdell, J.
The appellant brought her action in ejectment against Silas W. Peavy, the tenant in possession, to recover a certain lot in the city of Birmingham. Mrs. E. E. McLemore, on her application, was admitted to defend as landlord.
*566The right of plaintiff to recover is based on the invalidity of a mortgage executed by plaintiff and her husband under which defendant claim title, and which plaintiff contends is invalid because given to secure the debt of her husband. The undisputed facts show that James M. Russell, the husband of plaintiff, having seen vin a newspaper an advertisement to the effect that…
2Cases cited2 opinions
- Richardson v. StephensSupreme Court of Alabama · 1898
- Elston v. ComerSupreme Court of Alabama · 1895
3Cited by7 opinions
- Spencer v. SpencerSupreme Court of Alabama · 1950
- Webb v. Bank of BrewtonSupreme Court of Alabama · 1957
- Durr Drug Co. v. AcreeSupreme Court of Alabama · 1940
- Sherrill v. Federal Land Bank of New Orleans, La.Supreme Court of Alabama · 1943
- Corinth Bank & Trust Co. v. PrideSupreme Court of Alabama · 1918
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