Howard v. Brannan
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hou. Samuel-B. Browne. Ejectment by Tlios. J. Brannau against E. I. Howard. Judgment for plaintiff, and defendant appeals.
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Appeal from Mobile Circuit Court. Heard before Hou. Samuel-B. Browne. Ejectment by Tlios. J. Brannau against E. I. Howard. Judgment for plaintiff, and defendant appeals. The following is charge 1 referred to in the opinion: The court charges the jury that if they are reasonably • satisfied by the evidence that the owners of the land on both sides of the Maples’ line have recognized such line as the true line dividing section 17 from section 18, and have held and used up to such line for more than ten years continuously and adversely up to the time defendant bought his land, then you must find…
1Opinion of the CourtAnderson, C. J.
This was the statutory action of ejectment for the recovery of the S. y2 of the S. W. % of section 17, township 1 north, of range 3 west, in Mobile county.
The defendant filed a disclaimer, which meant that he did not claim any land sued for by the plaintiff, and set up, under the terms of section 3843 of the Code of 1907, that the dispute arose over a disputed boundary as to the line separating sections 17 and 18. - The plaintiff then averred that the true boundary between said *534sections was as set out by him. The defendant took issue on this, and also averred that the true boundary line…
2Cases cited1 opinion
- Wade v. GilmerSupreme Court of Alabama · 1914
3Cited by6 opinions
- Yauger v. TaylorSupreme Court of Alabama · 1928
- Mintz v. MillicanSupreme Court of Alabama · 1946
- Roden v. CapehartSupreme Court of Alabama · 1915
- Livingston v. NelsonSupreme Court of Alabama · 1917
- State v. AllenSupreme Court of Alabama · 1963
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