McEachin v. Warren
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before the Hon. Sam. H. Sprott. — The lower court erred in giving the general affirmative charge in favor of plaintiff, because the proceedings in the suit by Moody, as assignee, and sale under said proceedings, together with the deed of October, 1890, in the absence of a supersedeas bond by Mrs. Warren or Kennedy, vested the legal title in Cochran .and McEachin. — Phillips v. Benson, 85 Ala. 416 ; Marx v. Oowles, 61 Ala. 299.…
Read the full summary
Appeal from the Circuit Court of Sumter. Tried before the Hon. Sam. H. Sprott. — The lower court erred in giving the general affirmative charge in favor of plaintiff, because the proceedings in the suit by Moody, as assignee, and sale under said proceedings, together with the deed of October, 1890, in the absence of a supersedeas bond by Mrs. Warren or Kennedy, vested the legal title in Cochran .and McEachin. — Phillips v. Benson, 85 Ala. 416 ; Marx v. Oowles, 61 Ala. 299. Both parties in this case claim under John S. Kennedy, and the party who establishes that title in himself must recover.…
1Opinion of the Court
STONE, O. J.
This was a statutory real action by Mrs.. Vernon K. Warren to recover a tract of land of some thousand and fifty acres, situated in Sumter county, Alabama. Both parties claimed title under John S. Kennedy, who acquired his title by purchase in 1863. In December, 1866, Kennedy,, for love and affection, conveyed the lands to Mrs. Warren, his daughter, then recently married. In 1867 she took possession of the lands under the deed, held them as of right for more than .ten years, and without any adversary claim by any one,, until the institution of proceedings, after noticed, to…
2Cases cited1 opinion
- Warren v. MoodySupreme Court of the United States · 1887
3Cited by6 opinions
- ALCO LAND AND TIMBER COMPANY, INC. v. BaerSupreme Court of Alabama · 1972
- Montgomery v. Perryman & Co.Supreme Court of Alabama · 1906
- Denbo v. SherrillSupreme Court of Alabama · 1941
- Woodall v. OrrSupreme Court of Alabama · 1929
- McGaugh v. Deposit BankSupreme Court of Alabama · 1904
1 more not listed; retrieve them via the Exa API.