Falkner v. Jones
Supreme Court of Alabama
Writ of Error to the Circuit Court of Cherokee. Trespass to try titles to a certain tract of land, commenced by Falkner against Leith. Jones was permitted by the court to.defend as landlord of Leith, to which the plaintiff objected — 1. Because there was no proof of this relation. 2. Because the plaintiff was the purchaser of Leith’s title at a sheriff’s sale. Both grounds for the objection were admitted to exist, but notwithstanding Jones was admitted to defend.
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Writ of Error to the Circuit Court of Cherokee. Trespass to try titles to a certain tract of land, commenced by Falkner against Leith. Jones was permitted by the court to.defend as landlord of Leith, to which the plaintiff objected — 1. Because there was no proof of this relation. 2. Because the plaintiff was the purchaser of Leith’s title at a sheriff’s sale. Both grounds for the objection were admitted to exist, but notwithstanding Jones was admitted to defend. At the trial, the plaintiff claimed as the purchaser at sheriff’s sale, on the 6th March, 1843, under a judgment obtained in the…
1Opinion of the CourtGoldthwaite, J.
1. The question at the outset of this case is, whether Jones was properly allowed to defend as landlord — it being admitted he did not stand in that technical relation to the other defendant — -and the plaintiff claiming as a purchaser at sheriff’s sale, of whatever interest Leith had in the premises. The plaintiff insists, the defendant under these circumstances is estopped from setting up any title whatever. We shall first consider whether the technical relation of landlord and tenant must exist to let one' claiming the title into the defence. Our statute of 1836, [Dig. 321, $■ 49,] is very…
2Cases cited8 opinions
- Jackson ex dem' Klein v. GrahamNew York Supreme Court · 1805
- Bullock v. WilsonSupreme Court of Alabama · 1835
- Howard v. Kennedy's Exr'sSupreme Court of Alabama · 1843
- Doe ex dem. Davis v. McKinneySupreme Court of Alabama · 1843
- Goodlet v. SmithsonSupreme Court of Alabama · 1837
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3Cited by9 opinions
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Fash v. RavesiesSupreme Court of Alabama · 1858
- Bailey, Davis & Co. v. TimberlakeSupreme Court of Alabama · 1883
- Sims v. GlazenerSupreme Court of Alabama · 1848
- Falkner v. LeithSupreme Court of Alabama · 1848
4 more not listed; retrieve them via the Exa API.