Lawson v. Orear
Supreme Court of Alabama
Erkor to the Circuit Court of Talladega. This was an action of trespass to try title by the defendant against the plaintiff in error.
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Erkor to the Circuit Court of Talladega. This was an action of trespass to try title by the defendant against the plaintiff in error. From a bill of exceptions taken at the trial, it appears that the defendant claimed to be but a tenant of one John Lawson ■ — that John Lawson produced in Court regular title papers showing that at the time of the judgment and up to the present time, he has held the title for the premises sued for, by deed from James Lawson, the original proprietor, and that the defendant was in possession as his tenant, and on this proof moved the Court that he, as landlord of…
1Opinion of the CourtOrmond, J.
As a general rule, a defendant in ejectment may set up an outstanding title in another, and the landlord may be permitted to defend as a co-defendant, but by a purchase at sheriff’s sale, the purchaser acquires such title only as the defendant in execution had in the premises — if he was a tenant, the purchaser will be a tenant also ; and in a suit by the landlord against him, will not be permitted to dispute his title. The reason of the rule, therefore, ceases, in such a case. [See Avent v. Read, 2 Porter, 480, where the law. was thus held.]
*158The rale that the best evidence must be produced,…
2Cases cited1 opinion
- Avent v. ReadSupreme Court of Alabama · 1835
3Cited by4 opinions
- Huckabee v. ShepherdSupreme Court of Alabama · 1883
- Stevenson v. MoodySupreme Court of Alabama · 1887
- Barclay v. PlantSupreme Court of Alabama · 1874
- Ex parte WebbSupreme Court of Alabama · 1877