Doe ex dem. Nickles v. Haskins
Supreme Court of Alabama
Error to the Circuit Court of Randolph. Before the Hon. Nathan Cook. This was an action of ejectment, instituted by plaintiff against defendant in error.
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Error to the Circuit Court of Randolph. Before the Hon. Nathan Cook. This was an action of ejectment, instituted by plaintiff against defendant in error. On the trial, the plaintiff gave in evidence a judgment, rendered on the 3d October, 1837, in favor of Nickles,'Poor & Hall, for $810, against Peter Dudley and one Brinson •: an executionpssued thereon: proved a sale of the Iánd-'-ih'.cpntroversy, by the sheriff, under it, and the sheriff’s-deed, dated 7th Sept., 1840. He also introduced a patent from' the United States for the land to said Dudley andlE/Henry, dated 18th Sept. 1843. The…
1Opinion of the CourtCollier, C. J.
1. The first charge to the jury was doubtless induced by the supposition that more than ten years having elapsed previous to the institution of the suit, after the execution of .the bond to convey title and the defendant’s possession under it commenoedy»fch$-aet of February, 1843, operated a bar to a recovep^^M^^geond section of that statute is as follows: i!^^^l[rasf^«^covery of lands, tenements, or hereditam&ntitem thiatfB?ate, T&all be brought within ten years after t^^cr^l^PtheJo^y^ of action, and not after : Provided, tearsl^rall^wedunder both sections of this act, for iniMts,j^^^…
2Cases cited3 opinions
- Henry v. ThorpeSupreme Court of Alabama · 1848
- Chapman v. GlassellSupreme Court of Alabama · 1848
- Wier v. DavisSupreme Court of Alabama · 1842
3Cited by22 opinions
- Cox v. StateSupreme Court of Alabama · 1909
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Childress v. MonetteSupreme Court of Alabama · 1875
- Field Research Corp. v. Superior CourtCalifornia Supreme Court · 1969
- Rawls v. Doe ex dem. KennedySupreme Court of Alabama · 1853
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