Kirkland v. Trott
Supreme Court of Alabama
Appeal from the Circuit Court of- Sumter. Tried before the Hon. Luther R. Smith. This action was brought by David H. Trott, against David L. Kirkland, to recover an undivided half interest in certain town lots in Livingston, with damages during their detention ; and was commenced on the Bd July, 1875. The defendant pleaded, “ that at commencement of said suit, and for a long time prior thereto, he was not in possession of the premises sued for ;” and issue was joined on that…
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Appeal from the Circuit Court of- Sumter. Tried before the Hon. Luther R. Smith. This action was brought by David H. Trott, against David L. Kirkland, to recover an undivided half interest in certain town lots in Livingston, with damages during their detention ; and was commenced on the Bd July, 1875. The defendant pleaded, “ that at commencement of said suit, and for a long time prior thereto, he was not in possession of the premises sued for ;” and issue was joined on that plea. On the trial, as the bill of exceptions shows, the plaintiff deduced title to the premises sued for, under the…
1Opinion of the CourtBrickell, C. J.
1. It seems to have been an admitted fact, that Hogan was in actual possession of the premises at the time of his declaration to Trott that he had taken possession as the agent of Kirkland. The declaration was explanatory of the nature and character of his possession, and was admissible as part of the res gestas.—Bliss v. Winston, 1 Ala. 344; Fontaine v. Beers, 19 Ala. 722.
2. The only plea filed was a disclaimer by the defendant of possession of the premises at the time the suit was commenced ; and to the fact of possession the contention in the Circuit Court was confined. To support the…
2Cases cited3 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Fontaine v. BeersSupreme Court of Alabama · 1851
- Bliss v. WinstonSupreme Court of Alabama · 1840
3Cited by6 opinions
- Wills v. StateSupreme Court of Alabama · 1883
- Creighton v. HoppisIndiana Supreme Court · 1884
- McQueen v. LampleySupreme Court of Alabama · 1883
- Lucy v. Tenn. & Coosa RailroadSupreme Court of Alabama · 1890
- Cohn & Goldberg Lbr. Co. v. RobbinsSupreme Court of Alabama · 1909
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