Doe ex dem. Davis v. McKinney
Supreme Court of Alabama
WRIT of error to the Circuit Court of Perry, This was an action of ejectment for the recovery of the possession of “ a certain lot or parcel of land or ground lying in the town of Marion in the county of Perry,” which is particularly described in the declaration by metes. An order was made, pending the cause in the Circuit Court, appointing Samuel A. Townes guardian ad litem for Wm.
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WRIT of error to the Circuit Court of Perry, This was an action of ejectment for the recovery of the possession of “ a certain lot or parcel of land or ground lying in the town of Marion in the county of Perry,” which is particularly described in the declaration by metes. An order was made, pending the cause in the Circuit Court, appointing Samuel A. Townes guardian ad litem for Wm. H. McKinney, who was admitted to defend as landlord, and thereupon he confessed lease, entry and ouster, and pleaded not guilty, and on that plea issue was joined and submitted to the jury. The plaintiff excepted…
1Opinion of the CourtCollier, C. J.
1. The affidavit on which the motion was made in the circuit court, to associate Wm. H. McKinney as a co-defendant, affirms that he was the landlord of his father; and in the argument here, it has been supposed that such is the relation in which the defendants stood to each other. In considering this point, we will assume such to have been the fact.
A purchaser at a sale under execution acquires all the légal rights of the defendant; [Jackson v. Gridley, 18 Johns. Rep. 98;] and the latter becomes quasi his tenant, and will be deemed to continue in that character, until an actual disseisin or…
2Cases cited5 opinions
- Guthrie v. GardnerNew York Supreme Court · 1838
- Jackson, ex rel. Walton v. LeggettNew York Supreme Court · 1831
- Smith v. HoganSupreme Court of Alabama · 1842
- Jackson ex dem. Montgomery v. ChapinNew York Supreme Court · 1826
- Stiles v. Jackson, ex dem. WoodNew York Supreme Court · 1828
3Cited by19 opinions
- Hubbard v. AllenSupreme Court of Alabama · 1877
- You v. FlinnSupreme Court of Alabama · 1859
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
- Clements v. PearceSupreme Court of Alabama · 1879
- Early & Lane v. OwensSupreme Court of Alabama · 1880
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