Avent v. Read
Supreme Court of Alabama
Read having purchased a tract of land, at a sheriff’s sale, as the property of Avent, brought his action of trespass, to try title, against the latter, in the Circuit Court of Madison, to recover possession. On the trial, in the Court below, one Gaston, who claimed the land, offered to defend the action, which the presiding Judge would not permit. Avent then offered to shew a title in Gaston to the land.
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Read having purchased a tract of land, at a sheriff’s sale, as the property of Avent, brought his action of trespass, to try title, against the latter, in the Circuit Court of Madison, to recover possession. On the trial, in the Court below, one Gaston, who claimed the land, offered to defend the action, which the presiding Judge would not permit. Avent then offered to shew a title in Gaston to the land. The Court rejected this defence, and charged the jury that damages for the detention of the land were recoverable, in this form of action. There was a judgment for the plaintiff below, and…
1Opinion of the Court
By Mr. Justice Hitchcock :
This was an action of trespass to try. titles, and to *482recover damages, brought tinder the statute, in lieu of the action of ejectment.
There are several assignments, only two of which were argued by the counsel for the plaintiff in error. The others, though not abandoned, were not particularly noticed, and as the Court, on inspection of the record, does not discover any error in them, they wilt not be noticed in this opinion.
The errors that have been argued, arise upon the' following state of facts.
Read purchased at sheriff’s sale, a quarter section •of land, under a…
2Cited by4 opinions
- Falkner v. JonesSupreme Court of Alabama · 1847
- Barclay v. PlantSupreme Court of Alabama · 1874
- Ex parte WebbSupreme Court of Alabama · 1877
- Lawson v. OrearSupreme Court of Alabama · 1842