Ware v. Swann
Supreme Court of Alabama
Appeal from the Circuit Court of DeKalb. Tried before the ITon. Lekoy F. Box. This action of ejectment was brought to recover certain lands, containing 640 acres in all, being subdivisions of three separate sections.
Read the full summary
Appeal from the Circuit Court of DeKalb. Tried before the ITon. Lekoy F. Box. This action of ejectment was brought to recover certain lands, containing 640 acres in all, being subdivisions of three separate sections. The notice, accompanying the declaration, was dated May 10th, 1881, but was executed, as shown by the sheriff’s return, on the 9th June, 1881. The plaintiffs were John Swann and John A. Billups, trustees in a deed of trust executed by Governor Houston, in the name of the State of Alabama, dated February 8th, 1877, by which all the lands and other property embraced in the mortgage…
1Opinion of the CourtSomebville, J.
The action is one in ejectment, in which the plaintiffs have elected to frame their pleadings and proceed according to the rules of the common law governing *333that form of action, as they were authorized to do by the statute.
There is no denial of the fact, that the plaintiffs’ title to the land in controversy will authorize a recovery by them, unless it was divested by the deed, purporting to be made in the name of the Alabama and Chattanooga Railroad Company, on October 13th, 1870, by J. C. Stanton, as general superintendent and attorney-in fact of that corporation, conveying to Mrs. Julia…
2Cases cited2 opinions
- Swann & Billups v. LindseySupreme Court of Alabama · 1881
- Swann & Billups v. LarmoreSupreme Court of Alabama · 1881
3Cited by14 opinions
- Ward v. Saben Appliance Co.Supreme Court of Alabama · 1980
- Ala. Gt. Southern R. R. v. South & North Ala. R. R.Supreme Court of Alabama · 1887
- Mobile & Montgomery Railway Co. v. GilmerSupreme Court of Alabama · 1888
- Swann & Billups v. GastonSupreme Court of Alabama · 1888
- Swann & Billups v. MillerSupreme Court of Alabama · 1886
9 more not listed; retrieve them via the Exa API.