Beasley v. Howell
Supreme Court of Alabama
Appeal from the Circuit Court of Coffee. Tried before the Hon. John P. Hubbard, Special Judge. - This was a statutory action of ejectment. The action was originally commenced by James W. Clark against E. R. Beasley; but upon motion V. J. Holman was made a party defendant.
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Appeal from the Circuit Court of Coffee. Tried before the Hon. John P. Hubbard, Special Judge. - This was a statutory action of ejectment. The action was originally commenced by James W. Clark against E. R. Beasley; but upon motion V. J. Holman was made a party defendant. Befóte entering upon the trial of the cause, the plaintiff moved the court to revive the cause, as then pending upon the docket in the city court, in the name of D. D. Howell as administrator of the estate of James W- Clark, deceased. The facts upon which this motion was based are sufficiently stated in the opinion. The…
1Opinion of the CourtBrickell, C. J.
This was a statutory real action originally instituted by James W. Clark, against appellants in the year 1890 in the circuit court of Coffee county, to recover certain lands situated in said county together with damages for their detention. The principal question involved in the appeal is, whether the action, which upon the death of the original plaintiff, had been revived in the name of the administrator of his estate appointed by the probate court of the county in which the land is situated, can, upon the resignation of such administrator, be revived and prosecuted in the ■name of an…
2Cases cited11 opinions
- McDowell v. JonesSupreme Court of Alabama · 1877
- Broughton v. BradleySupreme Court of Alabama · 1859
- Barclift v. TreeceSupreme Court of Alabama · 1884
- Coltart v. AllenSupreme Court of Alabama · 1866
- Matthews v. DouthittSupreme Court of Alabama · 1855
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3Cited by15 opinions
- Carr v. Illinois Central R. R.Supreme Court of Alabama · 1912
- Johnston v. City of AlbuquerqueNew Mexico Supreme Court · 1903
- Halsey v. Humble Oil & Refining Co.Court of Appeals of Texas · 1933
- Clark v. GlennSupreme Court of Alabama · 1947
- Sewell v. Christison, Co.Supreme Court of Oklahoma · 1926
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