Stephens v. Moore
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. Bilbro. This was a statutory action of ejectment, brought by tlie appellee, Nellie Moore, against the appellant, Henry Stephens, to recover a certain 40-acre tract of land, specifically described in the complaint, and was instituted on August 26, 1895. Both the plaintiff and the defendant claimed to have derived title to the property in controversy from the same source.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. Bilbro. This was a statutory action of ejectment, brought by tlie appellee, Nellie Moore, against the appellant, Henry Stephens, to recover a certain 40-acre tract of land, specifically described in the complaint, and was instituted on August 26, 1895. Both the plaintiff and the defendant claimed to have derived title to the property in controversy from the same source. The facts showing the claims of the respective parties are sufficiently stated in the opinion. Among the charges requested by the defendant, and to the…
1Opinion of the CourtHaralson, J.
It is undisputed, that no patent to the land in suit was issued by the government of the United States until May 4th, 1885, when one issued to S. P. Richardson for the entire quarter section of which the land in this suit is a part; that prior to that time, in 1870, Richardson had taken steps to enter the quarter section, and shortly thereafter, he either made a verbal gift of the forty acre's sued for to the plaintiff, who was his mother, or he promised her he would give it to her at some time in the future, which was not fixed, or else he gave her the use and occupation of it. so long as he…
2Cases cited2 opinions
- Loeb v. HuddlestonSupreme Court of Alabama · 1894
- Wiggins v. KirbySupreme Court of Alabama · 1894
3Cited by7 opinions
- Jackson Lumber Co. v. McCrearySupreme Court of Alabama · 1902
- Hemphill v. MoyIdaho Supreme Court · 1917
- Enterprise Lodge No. 352 of the Knights of Pythias, Inc. v. First Baptist ChurchSupreme Court of Alabama · 1972
- Tyee Consolidated Mining Co. v. LangstedtCourt of Appeals for the Ninth Circuit · 1905
- Denver & Rio Grande Railroad v. WilsonSupreme Court of Colorado · 1900
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