Legal Opinion

Philips v. Gray

Supreme Court of Alabama

Decided January 15, 1840PublishedCited by 10 opinions

Error to the Circuit Court of Autauga County. THIS was an action' of forcible detainer, brought by the defendant in error, before a justice of the peace, to recover the possession of a house and lot, in the town of Welumpka. The petition does not state, that the possession of the premises was ever in the defendant in error; but the recovery is sought on the possession of the defendant’s-intestate.

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Error to the Circuit Court of Autauga County. THIS was an action' of forcible detainer, brought by the defendant in error, before a justice of the peace, to recover the possession of a house and lot, in the town of Welumpka. The petition does not state, that the possession of the premises was ever in the defendant in error; but the recovery is sought on the possession of the defendant’s-intestate. The defendant in error had judgment before the justice, which, on certiorari to the circuit court, was affirmed; froi>\ which r writ-of error is prosecuted to this court.

1Opinion of the CourtOrmond, J.

— The right of the defendant in error, to maintain-this-action, on the possession of his intestate, is attempted fo be derived from an act of the last legislature, which is to the following effect: — “ that it shall hereafter be lawful for executors and’ administrators, to rent at public outcry, the real estate of any decedent, until a final settlement of the estate of the said decedent is effected, and that the proceeds shall be assets in the hands of such executors-or administrators.”

There can be no doubt, that in all cases coming within the purview of this act, after its passage, the right…

2Cited by10 opinions

  1. Barrington v. BarringtonSupreme Court of Alabama · 1917
  2. Landford v. DunklinSupreme Court of Alabama · 1882
  3. People ex rel. Thorne v. HaysCalifornia Supreme Court · 1854
  4. McGregor v. McGregorSupreme Court of Alabama · 1947
  5. Harkins v. PopeSupreme Court of Alabama · 1846

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