Lay v. Fuller
Supreme Court of Alabama
Appeal from Chambers Circuit Court. Heard before Hon. S. L. Brewer. Ejectment by Mary E. Lay against Charles L. Fuller and others. Judgment for defendant and plaintiffs appeal. Evidence establishing the relation of parent and child between plaintiff and the former possessor'of the land was one of the facts necessary to be proven, and this fact could be proven by general reputation in the community of such relationship, and that it was so recognized by the father and child.
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Appeal from Chambers Circuit Court. Heard before Hon. S. L. Brewer. Ejectment by Mary E. Lay against Charles L. Fuller and others. Judgment for defendant and plaintiffs appeal. Evidence establishing the relation of parent and child between plaintiff and the former possessor'of the land was one of the facts necessary to be proven, and this fact could be proven by general reputation in the community of such relationship, and that it was so recognized by the father and child. To render a deed competent as a muniment of title the party offering it must show a chain of title bach to some person in…
1Opinion of the CourtSomerville, J.
The action is one of ejectment brought by Mary E. Lay against Fuller and others. *378The documentary evidence adduced by plaintiff conclusively shows that the land sued for belonged, after October 13, 1852, to one William H. Gilbert, who died some 20 years before this action was begun; and, unless his title was afterwards divested by adverse possession and the statute of limitations, the land now indisputably belongs to his legal heir or heirs, so far as the bill of exceptions shows.
The plaintiff, Mary E. Lay, claims as the daughter and heir of said W. H. Gilbert; while defendant claims as…
2Cases cited4 opinions
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Potts v. ColemanSupreme Court of Alabama · 1880
- Weatherford v. WeatherfordSupreme Court of Alabama · 1852
- Jones v. PelhamSupreme Court of Alabama · 1887
3Cited by21 opinions
- Jones v. BellSupreme Court of Alabama · 1917
- Kidd v. BorumSupreme Court of Alabama · 1913
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Eldridge v. EldridgeSupreme Court of Florida · 1944
- Powell v. FolmarSupreme Court of Alabama · 1918
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