Hale v. Tennessee Coal, Iron & R. R.
Supreme Court of Alabama
Appeal from Birmingham City Court. Bill by Hugh K. Hale against the Tennessee Coal, Iron & Railroad Company to guiet title to certain lands. Decree for respondent and complainant appeals.
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Appeal from Birmingham City Court. Bill by Hugh K. Hale against the Tennessee Coal, Iron & Railroad Company to guiet title to certain lands. Decree for respondent and complainant appeals. Under the evidence, appellant had so used the land as to have acquired title thereto by adverse possession, and the court erred in the judgment rendered. — Goodson v. Brothers, 111 Ala. 589; Brand v. U. S. Goa- Go., 128 Ala. 579; Oioen v. Moxen, 52 South. 527; 1 Cyc. 983, et seq, and cases cited; 157 Ala. 23. The case of Rucker v. Jackson, relied on by appellee is without application to the case made here.…
1Opinion of the CourtMcCLELLAN, J.
— This bill was filed by the appellant against the appellee, and invoked the jurisdiction of equity to determine the title, claim, etc., of respondent, to 12 acres of land in Jefferson county. — Code, §§ 5443-5448.
After the respondent had answered propounding its claim (Code, § 5445), it sought to amend, and was so permitted by the court, its answer by adding thereto the description of conveyances (to the respondent) which were executed subsequent to the filing of this bill. The complainant moved the court to strike the amendment to the answer, for that it introduced in assertion or…
2Cases cited2 opinions
- Rucker v. JacksonSupreme Court of Alabama · 1912
- Bowles v. LowerySupreme Court of Alabama · 1913
3Cited by12 opinions
- Arrick v. FanningAlabama Court of Appeals · 1950
- Lathem v. LeeSupreme Court of Alabama · 1947
- Bellingrath v. AndersonSupreme Court of Alabama · 1919
- Dancy v. RatliffSupreme Court of Alabama · 1917
- Folmar Mercantile Co. v. Town of LuverneSupreme Court of Alabama · 1919
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