Philips v. Gray
Supreme Court of Alabama
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
- Barrington v. BarringtonSupreme Court of Alabama · 1917
- Landford v. DunklinSupreme Court of Alabama · 1882
- People ex rel. Thorne v. HaysCalifornia Supreme Court · 1854
- McGregor v. McGregorSupreme Court of Alabama · 1947
- Harkins v. PopeSupreme Court of Alabama · 1846
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