Doe ex dem. Shelton v. Carrol
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the lion. John Bragg, Circuit Judge. The facts of this case are fully stated in the opinion of the court. 1. It is well established by authority, that a mere dower interest in land, unconnected with or unsupported by the privilege of quarantine, is no defence to an action of ejectment.— See 4 Kent’s Com. 61; Jackson v. O’Donaghy, 7 Johns. 247; Moore v. Gilliam, 5 Munf. 346; Chapman v. Armistead, 4 Munf. 382; Jackson v. Van,…
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Error to the Circuit Court of Mobile. Tried before the lion. John Bragg, Circuit Judge. The facts of this case are fully stated in the opinion of the court. 1. It is well established by authority, that a mere dower interest in land, unconnected with or unsupported by the privilege of quarantine, is no defence to an action of ejectment.— See 4 Kent’s Com. 61; Jackson v. O’Donaghy, 7 Johns. 247; Moore v. Gilliam, 5 Munf. 346; Chapman v. Armistead, 4 Munf. 382; Jackson v. Van, 17 Johns, 167; Sigler v. Van Kipel, 10 Wend. 414; 9 Mass. 13. 2. Under the English law, the widow’s quarantine was a…
1Opinion of the CourtChilton, J.
This was an action of ejeclment, brought by the plaintiff in error against the defendant, Carrol, as tenant in possession of certain land described in the pleadings,™-» *151Upon'the trial in the court below, a bill of exceptions was sealed by the presiding judge, from which it appears that J. C. Synott and his wife were admitted to defend, and they entered into the usual consent rule as tenants in possession. The plaintiff having made out a title to the premises as the alienee of one James Hansford, the land having been sold under a mortgage made by said Hansford, it was proved that after the…
2Cases cited1 opinion
- Inge v. MurphySupreme Court of Alabama · 1848
3Cited by35 opinions
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Whitehead v. BoutwellSupreme Court of Alabama · 1928
- Cain v. GimonSupreme Court of Alabama · 1860
- Hale v. CoxSupreme Court of Alabama · 1941
- Leddon v. StricklandSupreme Court of Alabama · 1928
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