First National Bank v. Johnson
Supreme Court of Alabama
Appeal from Henry Circuit Court. Heard before Hon. M. Sollie. Ejectment by the First National Bank of Abbeville against Frank Johnson and others. Judgment for defendant, and plaintiff appeals. Plaintiff claims through J. R. Ward, and defendants claim through E. C. Ward, by adverse possession. J. R. Ward and E. 0. Ward, are brothers, and sons of 0. Ward, who owned the tract in controversy and the adjacent lands.
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Appeal from Henry Circuit Court. Heard before Hon. M. Sollie. Ejectment by the First National Bank of Abbeville against Frank Johnson and others. Judgment for defendant, and plaintiff appeals. Plaintiff claims through J. R. Ward, and defendants claim through E. C. Ward, by adverse possession. J. R. Ward and E. 0. Ward, are brothers, and sons of 0. Ward, who owned the tract in controversy and the adjacent lands. On March 7, 1891, 0. Ward conveyed to J. R. Ward, in addition to the other tracts, “all the land known as the land I bought from W. H. Johnson, lying north of the upper Abbeville and…
1Opinion of the Court
SOMERVILLE, J.—(1) It is clear that upon the paper titles exhibited the plaintiff would have been entitled to recover the tract of land in controversy. -It is clear also that the defendants’ predecessor in title, E. C. Ward, being without color of title, they could defeat the plaintiff’s paper title only by showing an actual adverse possession of the tract by E. G. Ward for at *568least three years and. three months prior to April 23-, 1906, the date of his sale to the defendant Hutto, whose possession since then is not controverted.(2) It is insisted for the appellant (plaintiff below) that the…
2Cases cited1 opinion
- Grant v. NationsSupreme Court of Alabama · 1911
3Cited by3 opinions
- Niles v. DanforthSupreme Court of Vermont · 1923
- Coffee v. KeetonSupreme Court of Alabama · 1946
- Wainwright v. Marbury Lumber Co.Supreme Court of Alabama · 1921