Cox v. Clark
Supreme Court of Alabama
Statutory Action in nature of Ejectment. Appeal from the Circuit Court of Bullock. Tried before the Hon. Jesse M. Carmichael.
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Statutory Action in nature of Ejectment. Appeal from the Circuit Court of Bullock. Tried before the Hon. Jesse M. Carmichael. This action was brought by Lewis Clark and three others, half brothers and sisters of Sallie Clark, deceased, against Charles Cox and others, to recover the possession of a tract of land particularly described in the complaint, or the plaintiffs’ interest therein; and was commenced on the 9th July, 1890. The land belonged to Emanuel Cox at the time of his death in 1872, and the defendants in this case were his children. Sallie Clark, under whom the plaintiffs claimed,…
1Opinion of the CourtColeman, J.
— Emanuel Cox, the owner of the fee of the lands in controversy, died in 1872, leaving three children surviving him, and grand-children by two deceased children. Sallie Clark, a-grand-child of Emanuel Cox, died intestate in 1887, leaving no issue, and no brother or sister of the whole blood, but leaving brothers and sisters of the half blood, who are plaintiffs in ejectment. Neither the father nor mother of plaintiffs are descendants of Emanuel Cox, from whom the inheritance was derived., The only title they set up is through their half-sister, Sallie Clark, who was a grand-child of Emanuel…
2Cases cited5 opinions
- Perkins v. SimondsWisconsin Supreme Court · 1871
- Cutter v. WaddinghamSupreme Court of Missouri · 1855
- Johnson v. Copeland's Adm'rSupreme Court of Alabama · 1860
- Phillips v. PeteetSupreme Court of Alabama · 1860
- Stallworth v. StallworthSupreme Court of Alabama · 1856
3Cited by7 opinions
- Rucker v. JacksonSupreme Court of Alabama · 1912
- Estate of BelshawCalifornia Supreme Court · 1923
- Purcell v. SewellSupreme Court of Alabama · 1931
- Mostilla v. AshSupreme Court of Alabama · 1937
- Bonewell v. SmithSupreme Court of Virginia · 1917
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