Doe ex dem. Alexander v. Collins
Supreme Court of Alabama
Appeal to the Circuit Court of Mobile. Ejectment, for a lot in the city of Mobile, by the plaintiff against the defendants in error.
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Appeal to the Circuit Court of Mobile. Ejectment, for a lot in the city of Mobile, by the plaintiff against the defendants in error. The defendants pleaded not guilty, and a special plea, that since the institution of the suit, the lessor of the plaintiffs, has released to the said defendants, his entire interest, right and claim, in the premises, in the declaration mentioned, which deed of release, sealed with the seal of the said lessor, is now in Court ready to be shown, and this the said defendants are ready to verify, wherefore, &c. To this plea there was a demurrer, which the Court…
1Opinion of the CourtOrmond, J.
— The plea in this, case, as we understand it, sets up in bar of the further prosecution of the suit, a conveyance by deed, from the lessor of the plaintiff, of his right, and title, in the premises sued for, to the defendants. Although the plea is demurred to, oyer is not craved of the deed, nor is it *482set out, we judge of it therefore, from the allegations of the plea. So considering it, the question to be determined is, whether a conveyance by the lessor of the plaintiff, of all his light, title, and interest, in the land in dispute, made pending the cause, may not be pleaded puis darrein-…
2Cited by3 opinions
- Etowah Mining Co. v. Doe ex dem. CarlisleSupreme Court of Alabama · 1900
- Pearson v. KingSupreme Court of Alabama · 1891
- Cook v. Georgia Land Co.Supreme Court of Georgia · 1904