Doe ex dem. Cook v. Webb
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Tried before the Hon. Geo. Goldthwaite. Ti-irs was an ejectment by the plaintiffs against the defendant in error to recover the possession of a lot or parcel of land described in the declaration.
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Error to the Circuit Court of Lowndes. Tried before the Hon. Geo. Goldthwaite. Ti-irs was an ejectment by the plaintiffs against the defendant in error to recover the possession of a lot or parcel of land described in the declaration. The plaintiffs claimed title by virtue of a purchase of the land in controversy under judgment and execution against the defendant, who was the widow of Elisha Webb, deceased, and who as such was, at the time of the purchase and the institution of this suit, in possession of the premises, her dower not having been allotted her. The plaintiffs objected to…
1Opinion of the CourtChilton, J.
It is perfectly clear that if the defendant, Matilda Webb, had such, an. interest in the land as was not liable to be sold under execution, the persons who attempted to acquire it under the sheriff’s sale, obtained no interest; because it would be absurd to say, that although the sheriff could sell no interest, his sale and deed should nevertheless operate such an investiture of title as would warrant ejectment against the tenant in possession.
It is indispensable to a recovery by the plaintiff in ejectment ¡hat he show such title in himself as will support the action. He must, at least, make…
2Cases cited5 opinions
- Doe ex dem. Shelton v. CarrolSupreme Court of Alabama · 1849
- Gooch v. AtkinsMassachusetts Supreme Judicial Court · 1817
- Weaver v. CrenshawSupreme Court of Alabama · 1844
- Elmore v. HarrisSupreme Court of Alabama · 1848
- Rhea, Conner & Co. v. HughesSupreme Court of Alabama · 1840
3Cited by20 opinions
- You v. FlinnSupreme Court of Alabama · 1859
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Whitehead v. BoutwellSupreme Court of Alabama · 1928
- Boynton v. SawyerSupreme Court of Alabama · 1860
- Clements v. PearceSupreme Court of Alabama · 1879
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