McKinnon v. Mixon
Supreme Court of Alabama
Appeal from tlie Circuit Court of Geneva.- Tried before the Hon. John P. Hubbard. This was -a 'statutory action of ejectment brought by the appellant against the appellee to recover the possession of certain lands specifically described in- the complaint. The claim -of the plaintiff to the land, and the facts of the case are sufficiently shown in the opinion.
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Appeal from tlie Circuit Court of Geneva.- Tried before the Hon. John P. Hubbard. This was -a 'statutory action of ejectment brought by the appellant against the appellee to recover the possession of certain lands specifically described in- the complaint. The claim -of the plaintiff to the land, and the facts of the case are sufficiently shown in the opinion. Upon the introduction of all the evidence the plaintiff requested the court to give the jury the general affirmative charge in his behalf. The court refused to give this charge, and the plaintiff duly excepted. The plaintiffal so…
1Opinion of the CourtSharpe, J.
On the trial there was no--evidence tending to show that the plaintiff- or any -one with whom he was in privity ever had possession of the lands sued for, and no attempt was made to trace title to -him from its original source. Only by proof of the contents of a destroyed tax deed executed to him by *615the probate judge in 1893 did he offer to establish any muniment of title upon which to base his claim, and that deed was not available as such muniment because, if for no other reason, there was no evidence either in the deed's recitals or aliunde that any notice was given of the itax sale, as…
2Cases cited11 opinions
- Heflin v. MiltonSupreme Court of Alabama · 1881
- Reddick v. LongSupreme Court of Alabama · 1899
- Manning v. PippenSupreme Court of Alabama · 1891
- Jones v. HaglerSupreme Court of Alabama · 1891
- National Bank v. Baker Hill Iron Co.Supreme Court of Alabama · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Southern Railway Co. v. HallSupreme Court of Alabama · 1906
- Forbes v. PlummerSupreme Court of Alabama · 1916
- Howard v. TollettSupreme Court of Alabama · 1918
5 more not listed; retrieve them via the Exa API.