Camp v. Forrest
Supreme Court of Alabama
Writ of Error to the Circuit Court of Jefferson. Before the Hon. J. D. Phelan. This was an action of trespass to try titles to a lot situated in the town of Elyton. The cause was tried on the plea of “ not guilty,” a verdict returned for the defendants, and judgment rendered accordingly.
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Writ of Error to the Circuit Court of Jefferson. Before the Hon. J. D. Phelan. This was an action of trespass to try titles to a lot situated in the town of Elyton. The cause was tried on the plea of “ not guilty,” a verdict returned for the defendants, and judgment rendered accordingly. From, a bill of exceptions sealed at the plaintiff’s instance, it appears that the premises were sold by the sheriff of Jefferson, on the first Monday in June, 1840, under an execution issued on a judgment against Jonathan Steele — at that sale Jonathan B. Badger became the purchaser, and received the…
1Opinion of the CourtCollier, C. J.
It is said that a judgment in ejectment confers no title upon the party in whose favor it is given; and that it is not evidence in a subsequent action, even between the same parties. The judgment therefore can never be final ; and it is always in the power of the party failing, whether plaintiff or defendant, to bring a new action. Adams on Eject. 294, 315-16. One of the advantages, says Bacon, attending this action is, that a man may have a remedy tolies quoties — being allowed to bring as many ejectments as he pleases. This has sometimes proved to be a great mischief, and courts of equity…
2Cases cited3 opinions
- Doe ex dem. Chaudron v. MageeSupreme Court of Alabama · 1845
- Lyne v. JacksonSupreme Court of Virginia · 1822
- Ray v. Roe, on the Demise of BrownIndiana Supreme Court · 1829
3Cited by11 opinions
- Carlisle v. KillebrewSupreme Court of Alabama · 1889
- Winston v. HodgesSupreme Court of Alabama · 1893
- Lang's Heirs v. WaringSupreme Court of Alabama · 1850
- Lytle v. StateSupreme Court of Arkansas · 1856
- MacMillan Bloedell, Inc. v. EzellSupreme Court of Alabama · 1985
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