State ex rel. Nabor's Heirs
Supreme Court of Alabama
The relators, by their counsel, have presented to this Court, the record of an action lately pending in the Circuit Court of Shelby, at the suit of Wrn. Nabors, now deceased, against Elihu Jones and others. That action was commenced on the 26th of March, 1S42, as well to try titles to a certain tract of land, particularly described in the indorsement on the writ, and in the declaration as to recover damages for its detention and occupancy by the defendants.
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The relators, by their counsel, have presented to this Court, the record of an action lately pending in the Circuit Court of Shelby, at the suit of Wrn. Nabors, now deceased, against Elihu Jones and others. That action was commenced on the 26th of March, 1S42, as well to try titles to a certain tract of land, particularly described in the indorsement on the writ, and in the declaration as to recover damages for its detention and occupancy by the defendants. At the term of the Circuit Court, holden in the fall of 1844, the case was disposed of, and an order entered as follows: “ This day came…
1Opinion of the CourtCollier, C. J.
— The act of 1821, declares, that “The fictitious proceedings in the action of ejectment are hereby abolished; and hereafter the mode of trying the right and title to lands, tenements, pr hereditaments, shall be by action of trespass, in which the plaintiff shall indorse on his writ, and *461copy writ, that the action is brought as well to try titles, as to recover damages.” By the act of 1835 it is enacted, that “In all cases where the action of trespass to try titles, would, under the present laws, be the proper action, the plaintiff at his election, shall have either said action of trespass to…
2Cases cited1 opinion
- Austin v. Jackson, ex dem. KimberNew York Supreme Court · 1828
3Cited by14 opinions
- Ex Parte JacksonSupreme Court of Alabama · 1925
- Evans v. WelchSupreme Court of Alabama · 1879
- Ex parte GarlandSupreme Court of Alabama · 1868
- Garrison v. BurdenSupreme Court of Alabama · 1867
- McKay v. BroadSupreme Court of Alabama · 1881
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