Caldwell ex dem. Caldwell v. Thorp
Supreme Court of Alabama
Writ of Error to the Circuit Court of Mobile. This was an action of ejectment, at the suit of the plaintiffs, for the “recovery of one lot, or parcel of land, being number nine, of square number one, of lots and lands sold by James Innerarity, to William H. Robertson, lying, &c. The defendants were let in to defend, upon entering into the usual consent rule; a verdict was returned for the defendant, and judgment was rendered accordingly.
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Writ of Error to the Circuit Court of Mobile. This was an action of ejectment, at the suit of the plaintiffs, for the “recovery of one lot, or parcel of land, being number nine, of square number one, of lots and lands sold by James Innerarity, to William H. Robertson, lying, &c. The defendants were let in to defend, upon entering into the usual consent rule; a verdict was returned for the defendant, and judgment was rendered accordingly. On the trial, the plaintiff excepted to the ruling of the Court. The bill of exceptions recites, that the plaintiff proved title in Sebastian Shade, their…
1Opinion of the CourtCollier, C. J.
The statute of Fines, 4 Hen. 7 ch. 24, as well as the statute of limitations, 21 Jac. 1, ch. 16, contain a saving clause with respect to those who labor under disabilities. See Blanshard on the Sta. of Lim. 8,114. By the former, it is'provided, that an ejectment may be brought within five years after fine levied, with proclamation, if the right of entry had then accrued ; unless the party entitled, labor under some one of the disabilities stated in the act; in that case, five years are allowed after the disabilities cease. The latter enactment provides, that the person having a right of entry…
2Cases cited6 opinions
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Walden v. The Heirs of GratzSupreme Court of the United States · 1816
- Bunce v. WolcottSupreme Court of Connecticut · 1816
- Griswold v. ButlerSupreme Court of Connecticut · 1820
- Dow v. WarrenMassachusetts Supreme Judicial Court · 1810
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kidd v. BrowneSupreme Court of Alabama · 1917
- Barnett v. Warren & Co.Supreme Court of Alabama · 1886
- Richardson v. MertinsSupreme Court of Alabama · 1912
- Branch Bank at Decatur v. DonelsonSupreme Court of Alabama · 1848
- Daniel v. DaySupreme Court of Alabama · 1874
2 more not listed; retrieve them via the Exa API.