Hooper v. Bankhead & Bankhead
Supreme Court of Alabama
Appeal, from Walker Circuit Court. Heard before Hou. James J. Bay. Action by Bankhead & Bankhead against J. deB. Hooper, and others, for possession of minerals. Judgment for plaintiffs and defendant appeals. The case is governed as to the effect of the tax deed as evidence, and as to the statute of limitations, by the Code of 1896. — Doe ex dem.
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Appeal, from Walker Circuit Court. Heard before Hou. James J. Bay. Action by Bankhead & Bankhead against J. deB. Hooper, and others, for possession of minerals. Judgment for plaintiffs and defendant appeals. The case is governed as to the effect of the tax deed as evidence, and as to the statute of limitations, by the Code of 1896. — Doe ex dem. Trotter v. Moog, 150 Ala. 460. Where the husband did not join in the deed, it was void under the Code as existing in 1871. — Alexander v. Salisbury, 37 Ala. 365; Vincent v. Walker, 93 Ala. 169; Stacey v. Walters, 85 Ala. 291. It thus appears that if…
1Opinion of the CourtMcCLELLAN, J.
Statutory ejectment, instituted by appellees against appellants, for tbe recovery of tbe mineral interest, only, in the lands described in tbe complaint. Tbe plaintiffs would deduce tbeir title, to- one tract, from one Benager Williams, through mesne conveyances, and, to tbe other, from one Justice, through mesne conveyances. Both Williams and Justice appear to have been tbe original patentees of tbe lands in question. Tbe defendants would trace tbeir rights in tbe premises back to tbe state of Alabama.; its asserted title being tbe product of tax sales and purchases by tbe state of Alabama.…
2Cases cited34 opinions
- Chartiers Block Coal Co. v. MellonSupreme Court of Pennsylvania · 1893
- Phœnix Assurance Co. v. Fire DepartmentSupreme Court of Alabama · 1897
- Williams v. GibsonSupreme Court of Alabama · 1887
- Murray v. AllredTennessee Supreme Court · 1897
- Caldwell v. FultonSupreme Court of Pennsylvania · 1858
29 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Odom v. AverettSupreme Court of Alabama · 1946
- Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
- Aiken v. McMillanSupreme Court of Alabama · 1925
- Shepard v. Mount Vernon Lumber Co.Supreme Court of Alabama · 1915
40 more not listed; retrieve them via the Exa API.