Miller v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Randolph. Tried before the Hon. Nat. Cook. This action was brought in the name of the State, “for the use of township seventeen, range eleven, east, in the Coosa land-district,” against Samuel Miller and others, to recover the possession of a tract of land, which was described in the complaint as “the north half of the northeast quarter, and the south half of the north-east quarter, of section sixteen in said township and range;” and was…
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Appeal from the Circuit Court of Randolph. Tried before the Hon. Nat. Cook. This action was brought in the name of the State, “for the use of township seventeen, range eleven, east, in the Coosa land-district,” against Samuel Miller and others, to recover the possession of a tract of land, which was described in the complaint as “the north half of the northeast quarter, and the south half of the north-east quarter, of section sixteen in said township and range;” and was commenced on the 27th March, 1855. The action was defended by Miller alone, the possession of the premises being abandoned…
1Opinion of the CourtR. W. Walker, J.
The limitations established by chapter 21, title J., part 3, of the Code, apply only to causes of action accruing, and possessions commencing, on and after the 17th January, 1853 ; and as the possession of the defendant commenced prior to that time, in order to determine whether this suit was barred by lapse of time, we must look to the statutes of limitation in force when the Code was adopted. — Session Acts 1853-54, p. 71. The act of 1843 (Clay’s Digest, 329, § 93) established ten years as the limitation of actions for the recovery of lands. But, as laches is not to be imputed to the…
2Cases cited12 opinions
- Jackson Ex Dem. Bradstreet v. HuntingtonSupreme Court of the United States · 1831
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Long v. BrownSupreme Court of Alabama · 1843
- Commonwealth v. BaldwinSupreme Court of Pennsylvania · 1832
- Smith ex dem. Teller v. BurtisNew York Supreme Court · 1812
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3Cited by36 opinions
- United States v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of the United States · 1886
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Cox v. Board of Trustees of University of AlabamaSupreme Court of Alabama · 1909
- Richardson Associates v. Lincoln-Devore, Inc.Wyoming Supreme Court · 1991
- Converse v. RingerCourt of Appeals of Texas · 1894
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