Ashford v. Ashford
Supreme Court of Alabama
Appeal from tlie Circuit Court of Lawrence. Tried before the Hon. Osceola Kyle. This was a statutory action in the nature of ejectment brought by T. T. Ashford and others against A. E. Ash-ford and others. The defendants pleaded the general issue and adverse possession. All the parties claimed title from om; Thomas Ashford who at the time of his death owned the land sued for. T. T. Ashford was the grandson and the other plaintiffs were great-grandchildren of Thomas Ashford.
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Appeal from tlie Circuit Court of Lawrence. Tried before the Hon. Osceola Kyle. This was a statutory action in the nature of ejectment brought by T. T. Ashford and others against A. E. Ash-ford and others. The defendants pleaded the general issue and adverse possession. All the parties claimed title from om; Thomas Ashford who at the time of his death owned the land sued for. T. T. Ashford was the grandson and the other plaintiffs were great-grandchildren of Thomas Ashford. A. E. Ashford, one of the defendants, was a son of Tb ornas Ashford, and was administrator of his estate. A. E. Ashford,…
1Opinion of the Court
McOLELLAN, O. J.
Adverse possession of land against the title is always wrongful until its long continuance has ripened title in the disseizor. But it by no means follows that every wrongful possession is adverse to the true owner. Whether a wrongful or unauthorized possession is adverse depends, among other considerations, upon the character of the claim under which it is held. It must he hostile to the whole world. It must be a claim of right against all persons. It must not be in subserviency to or in recognition of the title of' the true owner. If there is recognition of the true title,…
2Cited by45 opinions
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