Tayloe v. Dugger
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. Tried before the Hon. Luther B. Smith. This aetiou .was brought by Hobart C. Lugger and Mrs. Alice Y. Sprague, against Henry A. Tayloe, to recover tbe possession of a tract of land particularly described, containing about 196 acres, with damages for its detention; and was commenced on the'27tb May, 1878. The defendant pleaded not guilty, and the statute of limitations of ten years; and issue was joined on both of these pleas.
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Appeal from the Circuit Court of Hale. Tried before the Hon. Luther B. Smith. This aetiou .was brought by Hobart C. Lugger and Mrs. Alice Y. Sprague, against Henry A. Tayloe, to recover tbe possession of a tract of land particularly described, containing about 196 acres, with damages for its detention; and was commenced on the'27tb May, 1878. The defendant pleaded not guilty, and the statute of limitations of ten years; and issue was joined on both of these pleas. Tbe plaintiffs were two of tbe children of Henry Lugger, deceased, to whom the land had belonged at tbe time of his death in 1852;…
1Opinion of the CourtStone, J.
When another branch of this controversy was before us at a former term (60 Ala. 504), we held that the decree of the Probate Court, directing title to be made to Bocock, Tayloe’s vendor, was void, because the application for the order to make title was made by the purchaser, and no notice was given to the personal representative of Dugger’s estate. — See page 519, 60 Ala. We are not. inclined to review that opinion, but will adhere to it. This case, then, stands as if no conveyance had ever been made, and no order of the • court granted that it should be made. This leaves *447the title of the…
2Cases cited29 opinions
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- Planters' Bank v. Union BankSupreme Court of the United States · 1873
- Thorington v. SmithSupreme Court of the United States · 1869
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- Beverly v. BurkeSupreme Court of Georgia · 1851
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3Cited by18 opinions
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
- Walker v. CrawfordSupreme Court of Alabama · 1881
- Beard v. RyanSupreme Court of Alabama · 1884
- State v. ConnerSupreme Court of Alabama · 1881
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