Pearson v. King
Supreme Court of Alabama
Appeal from tbe City Court of Birmingham. Heard before the Hon. W. W. Wilkerson. This was a common law action of ejectment, and was commenced on July 26, 1888. In the declaration as amended, there were three demises. One in the name of David Pear.son, another in the name of S. P. Waits, and the third in the name of John D. Strange and J. H. White.
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Appeal from tbe City Court of Birmingham. Heard before the Hon. W. W. Wilkerson. This was a common law action of ejectment, and was commenced on July 26, 1888. In the declaration as amended, there were three demises. One in the name of David Pear.son, another in the name of S. P. Waits, and the third in the name of John D. Strange and J. H. White. After the commencement of the suit, David Pearson, in whom one of the demises was laid, having died, upon motion of the plaintiff, it was revived, as to that demise, in the name of his heirs-at-law, and of the administrator of his estate. The…
1Opinion of the CourtWalked, J.
This is a common-law action of ejectment. David Pearson, in whom one of the demises was laid, having died pending the suit, it was revived as to that demise in the names of his heirs-at-law, and of the administrator of his estate. The defendant interposed a special plea, to the effect that since the commencement of the suit, the heirs of David Pearson had executed a conveyance of the land sued for to the defendant. A demurrer to this plea having been overruled, the plaintiffs interposed a replication thereto, to the effect that before the beginning of the suit, David Pear- ■ son was seized of…
2Cases cited10 opinions
- Steeple v. DowningIndiana Supreme Court · 1878
- Yarborough's Adm'r v. AvantSupreme Court of Alabama · 1880
- Jackson ex dem. Lathrop v. DemontNew York Supreme Court · 1812
- Farnum v. PetersonMassachusetts Supreme Judicial Court · 1872
- McMahan v. BoweMassachusetts Supreme Judicial Court · 1873
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3Cited by12 opinions
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- Holder v. TaylorSupreme Court of Alabama · 1937
- Prestwood v. McGowinSupreme Court of Alabama · 1900
- Hood v. Com. Germania T. & S. Bank of New OrleansAlabama Court of Appeals · 1914
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