Davis v. Caldwell
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. H. C. Speake. Action of ejectment by Hamlin Caldwell against Til-man P. Davis.
Read the full summary
Appeal from the Circuit Court of Jackson. Tried before the Hon. H. C. Speake. Action of ejectment by Hamlin Caldwell against Til-man P. Davis. After the introduction of all the evidence, the court, at the request of the plaintiff, gave to the jury the following written charges: (1) “If Mr. Boyd’s holding was intended to be to the true section line, and. he did not claim, or intend to claim, any land in section four, and the jury are satisfied from the evidence that the land claimed is in section four., they should find for the plaintiff.” (2) “If the line established was supposed to be the…
1Opinion of the CourtColeman, J.
Hamlin Caldwell sued in ejectment to recover a small strip of land lying within and along the boundary of fractional section four, and adjacent to the line dividing it from fractional section five. The evidence shows that the land sued for lay within section four. The defendant entered into possession under a purchase and deed of conveyance from Jesse Boyd about five years before the bringing of the suit. Boyd’s deed conveyed only lands in section five and none in section four. Caldwell and Boyd had been coterminous land owners for more than twenty years, the former claiming possession and…
2Cases cited3 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Brown v. CockerellSupreme Court of Alabama · 1858
- Alexander v. WheelerSupreme Court of Alabama · 1884
3Cited by11 opinions
- Miller v. Mills CountySupreme Court of Iowa · 1900
- Copeland v. WarrenSupreme Court of Alabama · 1926
- Hess v. RudderSupreme Court of Alabama · 1897
- Smith v. BrownSupreme Court of Alabama · 1968
- Walker v. WymanSupreme Court of Alabama · 1908
6 more not listed; retrieve them via the Exa API.