Atcheson v. Broadhead's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Chilton. Tried before the Hon. James Q. Smith. This action was brought by Michael K. Broadhead, against Higdon R. Atcheson, to recover a tract of land in Baker (now Chilton) county, together with damages for its detention; and was commenced on the 5th July, 1870. The plaintiff having died, the action was revived in the name of John W. Broadhead, as his administrator; and a trial was had on issue joined on the plea of not guilty.
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Appeal from the Circuit Court of Chilton. Tried before the Hon. James Q. Smith. This action was brought by Michael K. Broadhead, against Higdon R. Atcheson, to recover a tract of land in Baker (now Chilton) county, together with damages for its detention; and was commenced on the 5th July, 1870. The plaintiff having died, the action was revived in the name of John W. Broadhead, as his administrator; and a trial was had on issue joined on the plea of not guilty. The plaintiff deduced title under a sheriff’s deed, dated the 7th March, 1870, to him as the highest and best bidder at a sale under…
1Opinion of the CourtManning, J.
In Childress v. Monette, at a former term (54 Ala. 317), this conrt held, that the purchaser of a mortgagor’s equity of redemption in land, after the maturity of the mortgage, did not obtain such a title as would enable him to maintain a possessory action in the nature of ejectment, in a common-law court, to obtain possession. . Under the influence of that decision, the judgment of the Circuit Court must be reversed, and the cause be remanded.
2Cases cited1 opinion
- Childress v. MonetteSupreme Court of Alabama · 1875
3Cited by4 opinions
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Allen v. KellamSupreme Court of Alabama · 1881
- Kelly v. LongshoreSupreme Court of Alabama · 1884
- Cotton v. CarlisleSupreme Court of Alabama · 1887