Callahan v. Nelson
Supreme Court of Alabama
Appeal from tlie Circuit Court of Morgan. Tried'before the Hon. H. O. Speake. This was a statutory action of ejectment brought by the appellants, W. W. Callahan, W. E. Blceggs and E. W. 'G-odbey, against the appellees, Abigail Nelson, W. W. Nelson and John Nelson, to recover eight acres, of land specifically described in the complaint.
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Appeal from tlie Circuit Court of Morgan. Tried'before the Hon. H. O. Speake. This was a statutory action of ejectment brought by the appellants, W. W. Callahan, W. E. Blceggs and E. W. 'G-odbey, against the appellees, Abigail Nelson, W. W. Nelson and John Nelson, to recover eight acres, of land specifically described in the complaint. The plaintiffs claimed as purchasers at a sale under an execution issued on a judgment rendered against J. M. Nelson and G. A. Nelson; and which execution was levied upon ¡the property in suit, as being the property of said J. M. Nelson. The defendant pleaded…
1Opinion of the CourtTyson, J.
The plaintiffs, purchased the lot in controversy at an execution sale on the 2d day of September, 1895, receiving a sheriff’s deed thereto, as the property .of J. M. Nelson, defendant in execution. Thejr contention is, that it was the property of J; M. Nelson, the husband of the defendant Abigail Nelson at the date of the rendition of the judgment and at the date of the sale. This contention is sustained by the evidence if we eliminate from all consideration the evidence offered by the defendant, Mrs. Nelson, tending to establish that Shirk, from whom both she and her husband claim to have…
2Cases cited12 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
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