Reports of Cases Argued and Determined in the Supreme Court of Alabama Volume 2-3

Reports of Cases Argued and Determined in the Supreme Court of Alabama Volume 2-3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...that the defendant "entered" the premises.--Lecatt v. Stewart, 474. 2. ln such action, to charge that the plaintiff has a "freehold in fee simple," is a sufficient statement of his "estate" in the premises.--lbid. 3. The record in those cases need only shew such evidence as is offered and rejected, and such as is objected to, but admitted.--lbid. 4. To establish possession, the plaintiff may prove a tenancy under him, and possession by his tenant.--lbid. 5. 1n such actions, title cannot be investigated, and need not be proved. The question is as to possession only.--lbid. 6. The county court has no jurisdiction by certiorari or appeal, in cases of forcible entry and detainer.--Dunham v. Carter & Carroll, 496. 7. 1n cases of forcible entry brought up by certiorari, the trial must be on the errors assigned in the record.--lbid. FOREIGN LAWS. See Chancery, 3, 15. FORFEITURE. See Bank, 2. FORTH-COMING BOND. See Debt, 14. FRAUD. 1. A purchase by an administrator at his own sale, at auction, is not void per se, but is prima facie valid, if no unfairness appears.--Brannan et al. v. Oliver, 47. 2. Possession of personal property remaining with the vendor, is presumptive evidence of fraud, but not fraud per se.--Hobbs v. Bibb, 54; Martin v. White, adm'r, 162; Brandon v. Snows & Cunningham, 255. 3. A plea that a judgment obtained in a sister state, was entered there by a fraudulent combination between the clerk and plaintiff, is an insufficient defence to an action at law on such record here.--Lucas v. Copeland, 151. 4. When the vendor remains in the possession of personal property sold, it is not sufficient as against creditors, that the consideration be bona fide, and the bill of sale registered. lt more

Product details

  • Paperback
  • 189 x 246 x 23mm | 803g
  • United States
  • English
  • black & white illustrations
  • 1236901614
  • 9781236901613