Wagnon v. Fairbanks
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. This was a statutory action of ejectment, brought, by the appellee, Florence Fairbanks, against the appellant, M. H. Wagnon,on March 17, 1893, to recover the possession of the S. of the N. W. i, and the N. E. i of the N. W. i, and the N. W.'i of the N. E. ¿ of section 20, township 11, range 8, E. The defendant pleaded the general issue, and statute of limitations, and filed a plea of disclaimer as…
Read the full summary
Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. This was a statutory action of ejectment, brought, by the appellee, Florence Fairbanks, against the appellant, M. H. Wagnon,on March 17, 1893, to recover the possession of the S. of the N. W. i, and the N. E. i of the N. W. i, and the N. W.'i of the N. E. ¿ of section 20, township 11, range 8, E. The defendant pleaded the general issue, and statute of limitations, and filed a plea of disclaimer as to a portion of the property sued for. The plaintiff introduced in evidence a mortgage, executed by Marvel C. Brown and…
1Opinion of the CourtHaralson, J.
Under the facts of this case, it is not pretended that the defendant ever had the legal title to the eighty acres of land in question. His only claim of right is under a parol agreement with Marvel C. Brown, who entered the land from the Government, the appellant having furnished him the money for that purpose, and in consideration therefor, allowed plaintiff to take this eighty acres, the same being one-half of the one hundred and sixty which was entered by Brown. This was in 1886, before Brown had acquired a patent to the land, and while the legal title was yet in the Government. Brown did…
2Cases cited1 opinion
- Iverson v. DuboseSupreme Court of Alabama · 1855
3Cited by5 opinions
- Hemphill v. MoyIdaho Supreme Court · 1917
- Stringfellow v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1897
- Wiggins v. KirbySupreme Court of Alabama · 1894
- Adler v. Prestwood & KnowlesSupreme Court of Alabama · 1898
- Hall v. SlaughterSupreme Court of Alabama · 1908