Public-domain · open source
OpenJurist

142 Ala. 630

Rottenberry v. Brown

Supreme Court of Alabama

Decided November 15, 1904

Supreme Court of Alabama · decided 1904-11-15

Tried, before the Hon. Willtam W. Wilkerson. This was a, statutory action brought by the appellant, John C. Rottenberry, against the appellees, Hiram W. Brown and W. M. Martin, to recover certain lands specifically described in the complaint. The plaintiff based his right of recovery upon the tax deed made by the State Auditor.

Cited by 2 later decisions — most recently June 1972

2 state decisions

Relies on Anderson v. Anderson · Cofer v. Schening · Bruce v. Bradshaw

Good law ✅— No negative treatment on recordhow we know

Decided 1904-11-15

View the full empirical analysis of this case →

SIMPSON, J.

¶1This was a statutory action of ejectment, commenced January 29th, 1901, and the defendant introduced, in evidence a deed executed by the plaintiff *631and 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.

¶2In 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.

¶3The judgment of the court is affirmed.

McClellan, C. J., Tyson and Anderson, J. J., concurring.
/142/ala/630 · .json · Public domain