Alabama State Land Co. v. Kyle
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before Hon. John H. Disque. This was a common law action of ejectment, and was commenced May 20, 1890. Three demises are alleged in the declaration. In the first count recovery is sought on the demise of the State of Alabama; in the second, on the demise of Swann & Billups, trustees ; and in the third on the demise of the Alabama State Land Company.
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Appeal from the City Court of Gadsden. Tried before Hon. John H. Disque. This was a common law action of ejectment, and was commenced May 20, 1890. Three demises are alleged in the declaration. In the first count recovery is sought on the demise of the State of Alabama; in the second, on the demise of Swann & Billups, trustees ; and in the third on the demise of the Alabama State Land Company. The parties defendant to said action were B. B. Kyle, John S. Paden, Charles E. Heath, Samuel Clayton, Mrs. Jane Clayton and Sam Henry. There was judgment for the defendants and the Alabama State Land…
1Opinion of the CourtHead, J.
The Alabama State Land Co. claims title to the land sued for by conveyance from Swann and Billups. The history of the title of Swann and Billups may be found in the reported cases of Swannn & Billups v. Gaston, 87 Ala. 569; Same v. Lindsey, 70 Ala. 507; Ware v. Swann & Billups, 79 Ala. 330; Standifer v. Swann & Billups, 78 Ala. 88; and it is unnecessary to repeat it here. The plaintiff’s prima facie title is made out, and the defendants set up no superior title in themselves other than that which they *478claim to have acquired by adverse possession of tbe premises for ten and twenty years. Until…
2Cases cited7 opinions
- President of the Bank of Kentucky v. WisterSupreme Court of the United States · 1829
- Standifer v. SwannSupreme Court of Alabama · 1884
- Swann & Billups v. GastonSupreme Court of Alabama · 1888
- Swann & Billups v. LindseySupreme Court of Alabama · 1881
- Daniels v. HamiltonSupreme Court of Alabama · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brannan v. HenrySupreme Court of Alabama · 1904
- Hoyle v. MannSupreme Court of Alabama · 1905
- Gist v. BeaumontSupreme Court of Alabama · 1893
- Postal Telegraph Co. v. BrantleySupreme Court of Alabama · 1894
- Southern Railway Co. v. ClevelandSupreme Court of Alabama · 1910
2 more not listed; retrieve them via the Exa API.