Coleman v. Stewart
Supreme Court of Alabama
Appeal from St. Clair Chancery Court. Heard before Hon. W. W. Whiteside. Bill by D. A. Stewart against James R. Coleman, for partition. Decree for complainant and respondent appeals. Complainant showed no muniment of title or color of title in Amos Stewart but only a naked possession of an indefinite portion of the land, his possession will be presumed to have been in subordination of the true owners.-A ie®-ander v. Wheeler, 69 Ala. 832; Lude v. Tenn.
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Appeal from St. Clair Chancery Court. Heard before Hon. W. W. Whiteside. Bill by D. A. Stewart against James R. Coleman, for partition. Decree for complainant and respondent appeals. Complainant showed no muniment of title or color of title in Amos Stewart but only a naked possession of an indefinite portion of the land, his possession will be presumed to have been in subordination of the true owners.-A ie®-ander v. Wheeler, 69 Ala. 832; Lude v. Tenn. Go., 92 Ala. 246. In the evidence in this case Coleman has shown title in himself to the entire tract. — Draper v. Scott, 25 Mo. 197. Adverse…
1Opinion of the CourtSimpson, J.
The bill in this case was filed by the appellee, D. A. Stewart, against the appellant, Janies R, Coleman, for a sale of lands for partition among joint owners. All of the parties to the bill are heirs of Amos Stewart, deceased, except Coleman, the appellant, and he claims title by virtue of a deed from L. D. Stewart and by adverse possession.
From a careful examination of the evidence, it does not appear that either party has shown that continuous, notorious, and open adverse possession which amounts to title. While one or two witnesses state that Coleman was in possession from the time of the…
2Cases cited3 opinions
- Carlisle v. KillebrewSupreme Court of Alabama · 1889
- Shumake v. Nelms' Adm'rSupreme Court of Alabama · 1854
- Morgan v. Lehman, Durr & Co.Supreme Court of Alabama · 1890
3Cited by11 opinions
- Kidd v. BorumSupreme Court of Alabama · 1913
- Winkles v. PowellSupreme Court of Alabama · 1911
- McCormick v. McCormickSupreme Court of Alabama · 1930
- Jenkins v. RaulstonSupreme Court of Alabama · 1926
- Richardson v. PowellSupreme Court of Alabama · 1917
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