Legal Opinion

Wilson v. Alston

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 16 opinions

Appeal from the Circuit Court of Bibb. Tried before the TIon. John Mooiie. This was a statutory action of ejectment, brought by the appellee, Samuel F. Alston, against the appellants, to recover certain lands specifically described in the complaint. The record shows that all the defendants, except W. J. Wilson, filed the plea of “not guilty,” and there does not appear that there was any plea filed by said W. J. Wilson.

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Appeal from the Circuit Court of Bibb. Tried before the TIon. John Mooiie. This was a statutory action of ejectment, brought by the appellee, Samuel F. Alston, against the appellants, to recover certain lands specifically described in the complaint. The record shows that all the defendants, except W. J. Wilson, filed the plea of “not guilty,” and there does not appear that there was any plea filed by said W. J. Wilson. The material facts in the case are as follows: On the 5th of March, 1874, James Hill and Nancy Hill, his wife, executed a deed of conveyance of certain lands in Bibb county to…

1Opinion of the CourtSharpe, J.

— Upon the trial in the circuit court the plaintiff claimed the land in suit through a mortgage to him made by the defendant W. J. Wilson on April 27th, 1894, and afterwards foreclosed under the power it contained. To show the mortgagor had title when he conveyed he introduced evidence of the mortgagor’s possession at that time and also a deed to the mortgagor from James and Nancy Hill dated July 31st, 1874. The defendants sought to claim through and defend under deed from James and Nancy Hill who were the common source of title to their daughter Grace E. Wilson, the deceased wife of W. J.…

2Cases cited11 opinions

  1. May v. RitchieSupreme Court of Alabama · 1880
  2. Mason v. Pate'sSupreme Court of Alabama · 1859
  3. Pierson v. LaneSupreme Court of Iowa · 1882
  4. Pollock v. MaisonIllinois Supreme Court · 1866
  5. Rudulph v. BrewerSupreme Court of Alabama · 1892

6 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Smith v. BachusSupreme Court of Alabama · 1915
  2. Wright v. City of TuscaloosaSupreme Court of Alabama · 1938
  3. Gill Printing Co. v. GoodmanSupreme Court of Alabama · 1932
  4. Shuttle & Weaver Land & Improvement Co. v. BarkerSupreme Court of Alabama · 1912
  5. Johns v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1921

11 more not listed; retrieve them via the Exa API.

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