Brock v. Yongue
Supreme Court of Alabama
EhroR to the Circuit Court of Talladega. This was an action of trespass to try title by the plaintiffs against the defendant Yongue, Joseph Hr and Jacob T. Bradford, being admitted to be the landlords of the defendant were permitted to defend for, and with him as tenant in possession and having pleaded not guilty a verdict was found in their favor, on wbich the Convt rendered judgement.
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EhroR to the Circuit Court of Talladega. This was an action of trespass to try title by the plaintiffs against the defendant Yongue, Joseph Hr and Jacob T. Bradford, being admitted to be the landlords of the defendant were permitted to defend for, and with him as tenant in possession and having pleaded not guilty a verdict was found in their favor, on wbich the Convt rendered judgement. A bill of exceptions taken at the instance of the plaintiffs in error discloses that it was proved, on the trial that a judgement was obtained by Loney W. Madison, and Edmuqd F. Lattimore, against David Conner…
1Opinion of the CourtOrmond, J.
This was an action of trespass to try title. The plaintiff claimed under a sale by execution. It is very certain that the plaintiff in ejectment must recover by the strength of his own title; if that is not sufficient to enable him to maintain the action, it is a matter of profound indifference to him what the title of the tenant in possession is. The charges moved for, therefore, which are based on the supposed insufficiency of the title of the defendant, were properly refused.
In the charge given, however, the Court erred. The substance of the charge is, that the plaintiff was bound to shew…
2Cited by9 opinions
- Marshall v. BetnerSupreme Court of Alabama · 1850
- Firemen's Insurance v. McMillanSupreme Court of Alabama · 1856
- Lyons v. TaylorSupreme Court of Alabama · 1936
- Wilson v. GlennSupreme Court of Alabama · 1880
- Bernstein v. HumesSupreme Court of Alabama · 1881
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