Patton v. Pitts
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the lion. James E, Cobb- This action was brought by appellees to recover of the appellants, who were defendants in the court below, the land described in the complaint and damages for the detention thereof. Some of the defendants disclaimed, and others plead not guilty. Upon the trial the jury found for the plaintiffs the land sued for, and gave damages for its detention. A writ of possession was ordered to issue.
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Appeal from the Circuit Court of Tallapoosa. Tried before the lion. James E, Cobb- This action was brought by appellees to recover of the appellants, who were defendants in the court below, the land described in the complaint and damages for the detention thereof. Some of the defendants disclaimed, and others plead not guilty. Upon the trial the jury found for the plaintiffs the land sued for, and gave damages for its detention. A writ of possession was ordered to issue. The plaintiffs derived their title through a deed executed by the sheriff of Tallapoosa county, on a sale of the lands…
1Opinion of the CourtClopton, J.
The sole question, raised by the assignment of errors, relates to the ruling of the court on the admissibility of evidence. The suit is a statutory action to recover the possession of lands. The plaintiffs derive title by purchase at a sale of the lands by the sheriff under an execution at law, as the property of Edwin S. Yarbrough. The defendants claim by conveyances from Yaughan, who purchased them at a sale by the sheriff under an order of court, as the property of B. T. Yarbrough. The main contention between the parties was, whether a deed made by B. T. Yarbrough to Edwin S. Yarbrough,…
2Cases cited5 opinions
- Smith v. GayleSupreme Court of Alabama · 1877
- Goodlett v. KellySupreme Court of Alabama · 1883
- Clealand v. HueySupreme Court of Alabama · 1850
- Bartlett v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1877
- Chant v. ReynoldsCalifornia Supreme Court · 1874
3Cited by10 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Sills v. . FordSupreme Court of North Carolina · 1916
- Kite v. EckleyIdaho Supreme Court · 1929
- Patterson v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1919
- Mid-City Bank & Trust Co. v. Reading Co.District Court, D. New Jersey · 1944
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