Morring v. Tipton
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. H. C.. Speake. This was a statutory action of ejectment, brought by the appellant, Bailie Morring, against Amanda Tip-ton and Calvin Tipton. It was tried upon issue joined on the plea of not guilty.
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Appeal from the Circuit Court of Madison. Tried before the Hon. H. C.. Speake. This was a statutory action of ejectment, brought by the appellant, Bailie Morring, against Amanda Tip-ton and Calvin Tipton. It was tried upon issue joined on the plea of not guilty. The evidence showed that the real estate in suit was on and prior to June 25, 180S, owned by one Adeline Elledge, who died on that date, leaving surviving her six children, to-wit, Ada Preston, Amanda Tipton, William Elledge, M-ollie Calahan, Malda Derrick and Mattie Parens. The plaintiff (appellant here) then offered in evidence a…
1Opinion of the CourtTyson, J.
Jurisdiction having been obtained, no mere error or irregularity in its exercise can make *353the judgment void.—Freeman on Judgments, § .135, .and authorities cited in note 1.
The probate court proceedings for the sale of the lands for partition through which the plaintiff derives her title were seemingly in all respects regular except the variance in one of the initial letters of the name of the commissioner appointed by the court, and who conducted the sale, reported it to the court for confirmation, and executed the deed to the purchaser. In the decree ordering the sale the commissioner…
2Cases cited1 opinion
- Jennings v. Administrators of JenkinsSupreme Court of Alabama · 1846
3Cited by4 opinions
- Patten v. SwopeSupreme Court of Alabama · 1920
- Gartman v. LightnerSupreme Court of Alabama · 1908
- McQueen v. GrigsbySupreme Court of Alabama · 1907
- Ritchey v. UnderwoodSupreme Court of Alabama · 1985