Brown v. Newman
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This action was brought by William P. Newman, against Bichard Lanier, tenant in possession, to recover a certain tract’ of land particularly described in the complaint, with damages during its detention ; and was commenced on the 28th October, 1876. Joseph A. Brown intervened as landlord of Lanier, and pleaded not guilty ; and issue was joined on that plea, with others, and a trial by jury had,…
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Appeal from the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This action was brought by William P. Newman, against Bichard Lanier, tenant in possession, to recover a certain tract’ of land particularly described in the complaint, with damages during its detention ; and was commenced on the 28th October, 1876. Joseph A. Brown intervened as landlord of Lanier, and pleaded not guilty ; and issue was joined on that plea, with others, and a trial by jury had, which resulted, under the rulings and charges of the court, in a verdict and judgment for the plaintiff. The land had…
1Opinion of the CourtStone, J.
On the 2d day of November, 1867, Neal recovered a judgment for over two thousand dollars, against Gar-diner. On this judgment, execution was issued, on the 9th day of December, 1867, was received by the sheriff on the same day, and on the 1st dav of April, 1868, it was returned bv him “ no property found.” On the 6th day of April, 1868, Gardiner was adjudicated a bankrupt, on his own petition. By that act, all the right and title of Gardiner to the lands in controversy passed out of him, and, when an assignee was appointed, vested in the latter by virtue of the register’s or judge’s…
2Cases cited13 opinions
- Peck v. JennessSupreme Court of the United States · 1849
- Eyster v. GaffSupreme Court of the United States · 1876
- Marshall v. KnoxSupreme Court of the United States · 1873
- Doe v. ChildressSupreme Court of the United States · 1875
- Hendon v. WhiteSupreme Court of Alabama · 1875
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3Cited by4 opinions
- Reddick v. LongSupreme Court of Alabama · 1899
- Enslen v. WheelerSupreme Court of Alabama · 1893
- Powe v. McLeod & Co.Supreme Court of Alabama · 1884
- Anderson v. TimberlakeSupreme Court of Alabama · 1896