Opinion

Rottenberry v. Brown

  • 142 Ala. 630
Court
Supreme Court of Alabama
Filed
Nov 15, 1904
Status
Published
Author
Simpson
On the bench
Anderson, McClellan, Simpson, Tyson
Cited by
2 cases
Authority
More cited than 60.6%

The opinion

SIMPSON, J.

This was a statutory action of ejectment, commenced January 29th, 1901, and the defendant introduced, in evidence a deed executed by the plaintiff *631 and his wife on the 20th day of September, 1898, conveying the land in question to J. M. Rottenberry. No objection was offered to the introduction of this deed except on’the ground that it was irrelevant, which was properly overruled. The deed was regularly acknowledged and recorded. No testimony was offered to show that J. M. Rottenberry had ever reconveyed said lands to plaintiff.

In order to recover in an action of ejectment, the plaintiff must show title at the commencement of the suit and on to the time of trial. — Cofer v. Shening, 98 Ala. 338 ; Bruce v. Bradshaw, 69 Ala. 360 ; Scranton v. Ballard, 64 Ala. 403 .

The judgment of the court is affirmed.

McClellan, C. J., Tyson and Anderson, J. J., concurring.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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