Robinson v. Driver
Supreme Court of Alabama
Appeal from Chiliton 'Chancery Court. Heard before 1-Ion. Richard B. Kelly. The bill was filed by W. D. Driver against the Magnetic Ore Company, a corporation, and W. C. Robinson, who, it was alleged, had bought the land from the Magnetic Ore Company after the rendition of the judgment in the ejectment suit, and with notice of complainant’s possession of the land and his rights in the premises.
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Appeal from Chiliton 'Chancery Court. Heard before 1-Ion. Richard B. Kelly. The bill was filed by W. D. Driver against the Magnetic Ore Company, a corporation, and W. C. Robinson, who, it was alleged, had bought the land from the Magnetic Ore Company after the rendition of the judgment in the ejectment suit, and with notice of complainant’s possession of the land and his rights in the premises. The judgment entry in the ejectment suit, which was a judgment in the usual form in favor of the plaintiff Magnetic Ore Company against Driver (defendant) for the land sued for, concluded as follows:…
1Opinion of the CourtDowdell, J.
— The bill in (this case was filed for the specific performance of a contract for the sale of land. The bill avers that the complainant “is now in possession of the land,” described in the bill, and that com, plainant “was in the possession of the land,” when the respondent, the Magnetic Ore Company, a corporation, *172began its sud|t in ejectment to recover possession of the land from the complainant. Tlie judgment in tbe ejectment suit; sho wing a recovery by the Magnetic Ore Company against the complainant here is made an exhibit to the bill. In this judgment entry there is recited an…
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