Winston v. Hodges
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. This was a statutory action of ejectment brought by the appellee, James W. Hodges, against John G. Winston, Jr.; and sought to recover specifically described real estate. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. This was a statutory action of ejectment brought by the appellee, James W. Hodges, against John G. Winston, Jr.; and sought to recover specifically described real estate. The facts of the case are sufficiently stated in the opinion. Upon the plaintiff offering to introduce in evidence a deed from James G. Coleman and wife to James W. Hodges, the plaintiff, the defendant objected to this deed as evidence, “because it was not signed at the foot by the grantors as required by law.” The deed was introduced in…
1Opinion of the CourtColeman, J.
James W. Hodges, the appellee, instituted the statutory action of ejectment to recover certain lands, and upon the conclusion of the evidence, the court gave the general affirmative charge for the plaintiff. Prior to the bringing of the present action the appellant, John G. Winston, Jr., in a similar proceeding, had recovered the lands now sued for from the plaintiff in this suit, and on appeal the judgment was affirmed.— Hodges v. Winston, 95 Ala. 514.
At common law a judgment in' ejectment was never final; either party failing could bring a new action.— Camp v. Forrest, 13 Ala. 114; Boyle v.…
2Cases cited15 opinions
- Hodges v. WinstonSupreme Court of Alabama · 1891
- Wood v. LakeSupreme Court of Alabama · 1878
- Griffith v. VentressSupreme Court of Alabama · 1890
- Jones v. DeGraffenreidSupreme Court of Alabama · 1877
- De Vendell v. Doe ex dem. HamiltonSupreme Court of Alabama · 1855
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Wiggins v. Stewart Bros.Supreme Court of Alabama · 1926
- Hill v. First National BankSupreme Court of Florida · 1917
- Pulaski Mule Co. v. Haley & KoonceSupreme Court of Alabama · 1914
- Callahan v. NelsonSupreme Court of Alabama · 1900
- Mercer v. McKeelSupreme Court of Oklahoma · 1940
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