Grant v. Nations
Supreme Court of Alabama
Ejectment. Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Ejectment by W. J. Grant and others against A. L. Nations. Judgment for defendant and plaintiffs appeal.
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Ejectment. Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Ejectment by W. J. Grant and others against A. L. Nations. Judgment for defendant and plaintiffs appeal. The book known and designated as “Record of Tax Sales, No. 3,” was not admissible in evidence for the purpose of showing that there had been a sale of the property described in the complaint for taxes due to state and county. — Acts of Alabama, 1898-1899, page 120; Code of 1907, Section 2310; Code of 1907, Section 2325; Trotter v. Moog, 150 Ala. 460; Vadebonooeur v. Hannon, 159 Ala. 617. The deed from the…
1DissentSimpson, J.
(dissenting.) — It is the opinion of th¿ writer, in which Mayfield, J., concurs, that the change made by section 3839 of the Code of 1907, affects only the “form of the remedy.”
Section 10 was first changed in the Code of 1896, by the addition of this clause — “But this section does not apply to changes in forms of remedy, or defense, to rules of evidence, nor to provisions authorizing amendments of process, proceedings or pleadings in civil causes.”
This court has held that “A conveyance of land adversely held authorizes the grantee therein to use the grantor’s name in a suit for the recovery…
2Cases cited1 opinion
- Witherington v. WhiteSupreme Court of Alabama · 1910