Gerald v. Hayes
Supreme Court of Alabama
Appeal from Circuit CourJ, Chilton County; B. K. McMorris, Judge. Ejectment by Lawrence E. Gerald and others against Oanitt Hayes and others. Judgment for defendants, and plaintiffs appeal. Plaintiffs claim as the heirs of I. S. Gerald, and as their claim of title they introduced the original patent from the government to Jake Hayes; deed from Jake Hayes and wife to J. W. Eranzen; deed from Eranzen and wife to I. S. Gerald, and the death of Gerald.
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Appeal from Circuit CourJ, Chilton County; B. K. McMorris, Judge. Ejectment by Lawrence E. Gerald and others against Oanitt Hayes and others. Judgment for defendants, and plaintiffs appeal. Plaintiffs claim as the heirs of I. S. Gerald, and as their claim of title they introduced the original patent from the government to Jake Hayes; deed from Jake Hayes and wife to J. W. Eranzen; deed from Eranzen and wife to I. S. Gerald, and the death of Gerald. The court was in error in instructing a verdict for the defendant. 151 Ala. 482, 44 South. 375; 177 Ala. 140, 58 South. 419; 60 Ala. 582, 31 Am.…
1Opinion of the CourtThomas, J.
[1] The suit was ejectment for the recovery of 7o/so undivided interest in lands. When the evidence was concluded, the court gave the general affirmative charge at defendant’s request in writing, for reasons stated. The general rule in ejectment is that plaintiff must recover on the strength of his own, and not the .weakness of the title of his adversary. Mahan v. Smith, 151 Ala. 482, 44 South. 375.
[2] The evidence was that the patent to the land was duly issued; that Jane Hayes went into possession of the same and had continuously lived thereon since 1890, claiming it as her own, continually…
2Cases cited17 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Daniels v. WilliamsSupreme Court of Alabama · 1912
- Davis v. CurrySupreme Court of Alabama · 1887
- Yancey v. Savannah & Western RailroadSupreme Court of Alabama · 1893
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sherrod v. McGruderSupreme Court of Alabama · 1923
- Lyons v. TaylorSupreme Court of Alabama · 1936
- Walker v. ColeySupreme Court of Alabama · 1956
- Findlay v. HardwickSupreme Court of Alabama · 1935
- Stanley v. BarclaySupreme Court of Alabama · 1950
8 more not listed; retrieve them via the Exa API.