Lockard v. Barton
Supreme Court of Alabama
Appeal from Macon Circuit Court. Tried before the Hon. Jas. E. Cobb. The appellee, Ross Barton, as trustee for Clara J. Barton, brought this action against the appellant, to recover certain money alleged to have been received to his use.
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Appeal from Macon Circuit Court. Tried before the Hon. Jas. E. Cobb. The appellee, Ross Barton, as trustee for Clara J. Barton, brought this action against the appellant, to recover certain money alleged to have been received to his use. The case was tried on the following state of facts: In September, 1866, A. A. Barton executed to J. R. Barton, as trustee for Clara J. Barton, wife of A. A. Barton, a deed to certain property, in consideration of the indebtedness of Barton to his wife on account of her statutory separate estate, which he had received and invested in the lands, taking title in…
1Opinion of the CourtSomerville, J.
The action for money had and received is based upon an implied assumpsit, and, like that for use and occupation of land, can not generally be maintainéd against one holding lands adversely, or in repudiation of the plaintiff’s title, at the time of the defendant’s occupation, or the collection of rents by him. — 2 Green. Ev. § 120 ; Weaver v. Jones, 24 Ala. 423 ; Fielder v. Childs, 73 Ala. 567. The chief reason of this rule is, that the title to lands can not be tried collaterally in a personal action of this nature ; the law affording an easy remedy to the plaintiff by ejectment, with…
2Cases cited8 opinions
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Fielder v. ChildsSupreme Court of Alabama · 1883
- Dozier v. MitchellSupreme Court of Alabama · 1880
- Price v. PickettSupreme Court of Alabama · 1852
- Shumake v. Nelms' Adm'rSupreme Court of Alabama · 1854
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3Cited by3 opinions
- Baker v. Atlanta B. & A. Ry. Co.Supreme Court of Alabama · 1909
- Young v. GarberSupreme Court of Alabama · 1906
- Donald v. KeithSupreme Court of Alabama · 1957