Baugh v. North Alabama Coal & Mineral Co.

Appellee sued appellant in statutory ejectment for 80 acres of land. The controversy was limited by the pleading to that part of it, to wit, 30 acres, situated on top of Sand Mountain. Plaintiff claimed the land from the entryman, James Criteher, in the following manner: A mortgage from the entryman to W. M. McKnight, in 1893, and a transfer of it to plaintiff; a deed from some of the Criteher heirs to plaintiff, dated about 1894, burned in a home fire and not recorded; a deed from some of Criteher's heirs to plaintiff dated April 12, 1926, duly recorded and produced in court.

Defendant…