Howard v. Tollett
Supreme Court of Alabama
Appeal from Circuit 'Court, Chilton County; Leon McCord, Judge. Ejectment by J. M. Tollett against W. B. Smith, with notice to O. L. Howard, as landlord, who came in and was made party defendant. Judgment for plaintiff, and defendant Howard appeals. Plaintiff relied on deed from Adolph Lund and wife oí date May 2, 1911, and it was shown that Lund had had prior possession of the land, which he conveyed.
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Appeal from Circuit 'Court, Chilton County; Leon McCord, Judge. Ejectment by J. M. Tollett against W. B. Smith, with notice to O. L. Howard, as landlord, who came in and was made party defendant. Judgment for plaintiff, and defendant Howard appeals. Plaintiff relied on deed from Adolph Lund and wife oí date May 2, 1911, and it was shown that Lund had had prior possession of the land, which he conveyed. Defendant held and claimed the land sued for under deed executed to him by O. B. Smith, as state auditor, on April 24,1914. The evidence tended to show without controversy that the land was…
1Opinion of the CourtAnderson, C. J.
[1] It matters not whether the sale and notice thereof was governed by the Code of 1907, or the law prior to the adoption of same, as section 2279 of the Code of 1907 and section 4057 of the Code of 1896 are identical as to the notice to be given by the tax collector, and which provide for 30 days’ notice before the sale by publication for 3 weeks in a county newspaper and' the posting of a notice at the courthouse and at some public place in the precinct in which the real estate is situated for at least 3 weeks previous to the day of sale. It has been repeatedly held that the burden is upon…
2Cases cited8 opinions
- Reddick v. LongSupreme Court of Alabama · 1899
- National Bank v. Baker Hill Iron Co.Supreme Court of Alabama · 1895
- Long v. BoastSupreme Court of Alabama · 1907
- Johnson v. HarperSupreme Court of Alabama · 1894
- Doe ex dem. Evers v. MatthewsSupreme Court of Alabama · 1915
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Odom v. AverettSupreme Court of Alabama · 1946
- Lathem v. LeeSupreme Court of Alabama · 1947
- Bobo v. Edwards Realty Co.Supreme Court of Alabama · 1947
- Williams v. OatesSupreme Court of Alabama · 1924
- Merchants National Bank of Mobile v. LottSupreme Court of Alabama · 1951
7 more not listed; retrieve them via the Exa API.