Watson v. Prestwood
Supreme Court of Alabama
Appeal from the Circuit Court of Covington. Tried before the Hon. John P. Hubbard. This action was brought by E. Watson, as the administrator of the estate of R. E. Jordan, deceased, against J. A. Prestwood and A. J. Fletcher, to recover a tract of land containing 640 acres, which was described as the sixteenth section of township three (3), range fifteen (15); and was commenced on the 12th January, 1885. The cause was tried on issue joined on the plea of not guilty, and the…
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Appeal from the Circuit Court of Covington. Tried before the Hon. John P. Hubbard. This action was brought by E. Watson, as the administrator of the estate of R. E. Jordan, deceased, against J. A. Prestwood and A. J. Fletcher, to recover a tract of land containing 640 acres, which was described as the sixteenth section of township three (3), range fifteen (15); and was commenced on the 12th January, 1885. The cause was tried on issue joined on the plea of not guilty, and the following facts were admitted : “R. E. Jordan, plaintiff’s intestate, bought said land in 18 — , at a sale made by the…
1Opinion of the CourtStone, C. J.
There can be no question that, if Jordan, plaintiff’s intestate, was seized of a legal title to the lands sued for, at the time of his death, then Watson, his administrator, can maintain ejectment for their recovery, against any one who does not show a termination of such title, or a better title in himself.—McCullough v. Wise, 57 Ala. 623; Brewton v. Watson, 67 Ala. 121. The lands sued for are a sixteenth section, which Jordan had purchased in his life-time, and of which purchase he held a certificate, issued under section 987 of the Code. Section 988 of the Code provides, that “such…
2Cases cited7 opinions
- Saltmarsh v. CrommelinSupreme Court of Alabama · 1854
- Johnson v. McGeheeSupreme Court of Alabama · 1840
- Brewton v. WatsonSupreme Court of Alabama · 1880
- Stephens v. WestwoodSupreme Court of Alabama · 1854
- Bates v. HerronSupreme Court of Alabama · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sullivan v. RabbSupreme Court of Alabama · 1888
- Wiley v. WilhiteSupreme Court of Alabama · 1918
- Layton v. HamiltonSupreme Court of Alabama · 1926
- Barry v. StephensSupreme Court of Alabama · 1912
- Wiley v. WilhiteSupreme Court of Alabama · 1918
1 more not listed; retrieve them via the Exa API.