Moore v. Cottingham
Supreme Court of Alabama
Statutory Action of Ejectment. Appeal from tlie Circuit,Court of Bibb. This was a statutory action of ejectment, brought by the appellants, children of Martha Ann and Robert Benning Moore, against the appellee, to recover the possession of certain lands specifically described in the complaint. Both parties claimed through the same source, to-wit, Eleanor Coker, who died testate before the institution of this suit.
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Statutory Action of Ejectment. Appeal from tlie Circuit,Court of Bibb. This was a statutory action of ejectment, brought by the appellants, children of Martha Ann and Robert Benning Moore, against the appellee, to recover the possession of certain lands specifically described in the complaint. Both parties claimed through the same source, to-wit, Eleanor Coker, who died testate before the institution of this suit. Plaintiffs claimed title as devisees under the testatrix’ will, and the defendant claimed title through certain probate proceedings instituted by the administrator of the said…
1Opinion of the CourtHaralson, J.
1. We deem it unnecessary to construe the will of Mrs. Eleanor Coker, to determine whether the plaintiffs took such title under her will as authorizes them to maintain this action, since admitting the plaintiff’s right to sue, under the view we take of the case, they are not entitled to recover in any event.
2. The petition filed in the probate court by the administrator de bonis non with the will annexed in this case, for the sale of the lands of the testator, contained the averments, “that the estate of Eleanor Colcer, deceased, is. owing debts to the amount of three hundred and fifty…
2Cases cited22 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Wyman v. CampbellSupreme Court of Alabama · 1838
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Satcher v. Satcher's Adm'rSupreme Court of Alabama · 1867
- King v. Kent's HeirsSupreme Court of Alabama · 1857
17 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Friedman & Loveman v. ShamblinSupreme Court of Alabama · 1897
- City of Huntsville v. GoodenrathAlabama Court of Appeals · 1915
- Crowder v. Doe ex dem. ArnettSupreme Court of Alabama · 1915
- Friedman & Loveman v. ShamblinSupreme Court of Alabama · 1897