Price v. Cooper
Supreme Court of Alabama
Appeae from the Circuit Court of Bibb. Tried before the Hon. A. (t. Smith, Special Judge. This was a statutory action of ejectment, brought by the appellant, Fannie Price, on August 19, 1896, against the appellee, J. U. Cooper, to recover certain lands specifically described in the complaint. The trial was had upon the plea of the general issue. The plaintiff introduced in evidence a deed from Alex Avery, Jr., and wife to Stephen AY.
Read the full summary
Appeae from the Circuit Court of Bibb. Tried before the Hon. A. (t. Smith, Special Judge. This was a statutory action of ejectment, brought by the appellant, Fannie Price, on August 19, 1896, against the appellee, J. U. Cooper, to recover certain lands specifically described in the complaint. The trial was had upon the plea of the general issue. The plaintiff introduced in evidence a deed from Alex Avery, Jr., and wife to Stephen AY. Price and Fannie Price, by which said Avery conveyed to Stephen AAr. and Fannie Price a part of the land sued for in this controversy. This deed was executed on…
1Opinion of the CourtTyson, J.
In an action of ejectment tlie plaintiff must recover upon the strength of her own title as against a defendant in possession under color of title. And such defendant may show an outstanding title in a third person for the purpose of defeating a recovery. — 3 Brick. Dig. 325, § 38.
The rule permitting the plaintiff to recover upon prior possession alone unless it has ripened into a perfect title by adverse possession, and refusing to a defendant the right to set up an outstanding title in a third' person without connecting himself with it, applies only in cases where the defendant is a…
2Cases cited1 opinion
- Richardson v. StephensSupreme Court of Alabama · 1898
3Cited by8 opinions
- Threefoot Bros. & Co. v. HillmanSupreme Court of Alabama · 1900
- Lampkin v. StrawbridgeSupreme Court of Alabama · 1942
- Gafford v. SpeakerSupreme Court of Alabama · 1899
- Campbell v. HughesSupreme Court of Alabama · 1907
- Carter v. SmithSupreme Court of Alabama · 1904
3 more not listed; retrieve them via the Exa API.