McClellan v. Lipscomb
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This action was brought by Thomas J. McClellan, against Jefferson Humphrey, tenant in possession, to recover a certain tract of land in said county, containing about three hundred and twenty acres; and was commenced on tbe 26tb September, 1873. The heirs-at-law of Mrs. Sarah Lipscomb, deceased, were made defendants, on their own motion, as landlords of tbe tenant in possession, and pleaded not…
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Appeal from the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This action was brought by Thomas J. McClellan, against Jefferson Humphrey, tenant in possession, to recover a certain tract of land in said county, containing about three hundred and twenty acres; and was commenced on tbe 26tb September, 1873. The heirs-at-law of Mrs. Sarah Lipscomb, deceased, were made defendants, on their own motion, as landlords of tbe tenant in possession, and pleaded not guilty, witb a suggestion of adverse possession for three years, and the erection of valuable improvements. On the trial, as…
1Opinion of the CourtManning, J.
The plaintiff in the present cause had previously sued his debtor, Mrs. Lipscomb, by a writ of attachment, which was levied on land of the latter; the reason assigned for praying out the writ of attachment being, that the debtor was “about fraudulently to dispose of her property.” She did, a few days later, make a deed of sale of a part of the land attached, to a daughter-in-law; and having afterwards died, the action was revived, and prosecuted to judgment against her administrator. On this judgment, writs of execution were issued, under which some of the lands attached were sold by the…
2Cases cited3 opinions
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Fry v. Branch Bank at MobileSupreme Court of Alabama · 1849
- Bells v. Heirs of RobinsonSupreme Court of Alabama · 1827
3Cited by6 opinions
- Pearce v. ClementsSupreme Court of Alabama · 1882
- Lipscomb v. McClellanSupreme Court of Alabama · 1882
- Henderson v. Ala. Gold Life InsuranceSupreme Court of Alabama · 1882
- Phillips v. Ash's Heirs & Adm'rsSupreme Court of Alabama · 1879
- Boykin v. CookSupreme Court of Alabama · 1878
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