Simmons v. Sharpe
Supreme Court of Alabama
Ejectment. Appeal from Marengo Circuit Court. Heard before Hon. John T. Lackland. Action of ejectment by A. Y. Sharpe and others against E. L. Simnfons and others. From a judgment in favor of plaintiffs, defendant Simmons appeals. — The court erred in permitting the execution to be offered in evidence as the judgment was an individual judgment.
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Ejectment. Appeal from Marengo Circuit Court. Heard before Hon. John T. Lackland. Action of ejectment by A. Y. Sharpe and others against E. L. Simnfons and others. From a judgment in favor of plaintiffs, defendant Simmons appeals. — The court erred in permitting the execution to be offered in evidence as the judgment was an individual judgment. The words, “& Company” imports a partnership, and with equal rea-on the words, “& Son” would import a partnership.— Henderson v. Perryman, 114 Ala. 647. A partnership is an entirety. — Grossewll v. Lehman, 54 Ala. 363. The insertion of the name of A.…
1Opinion of the CourtTyson, C. J.
— Action of ejectment. The plaintiffs predicate the right to recover the lands sued for upon a sheriff’s deed purporting to convey the defendant Simmons’ title to the lands in controversy. That deed was made upon sale by the sheriff of the lands under an ex-*219edition issued, out of the circuit- court on the 2d day of February, 1904, upon a judgment rendered by that court on the 9th day of July, 1895. The names of the plaintiffs who obtained the judgment are recited in the execution as being A. Y. Sharpe & Son, conforming in this respect to the caption of the judgment upon which it was issued.…
2Cases cited7 opinions
- Bynum v. GoldSupreme Court of Alabama · 1894
- Flack v. AndrewsSupreme Court of Alabama · 1888
- Collins & Co. v. Hyslop & SonSupreme Court of Alabama · 1847
- Green v. Jones Bros.Supreme Court of Alabama · 1893
- Simmons v. SharpeSupreme Court of Alabama · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Burgin v. SuggSupreme Court of Alabama · 1923
- Compton v. SharpeSupreme Court of Alabama · 1911