Crosby v. Pridgen
Supreme Court of Alabama
Appeai. from the Circuit Court of Coffee. Tried before the Hon. H. D. Ci.ayton. This action was brought by Rebecca Crosby and others, claiming as heirs at law of Newsom Taunton, deceased, against Stephen J. Pi’idgen, to recover the possession of a tract of land which was particularly described in the complaint, containing about 1,100 acres, and consisting of subdivisions of sections 16, It and 20, in township six (6), range .twenty (20), and a part of section 31 in township…
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Appeai. from the Circuit Court of Coffee. Tried before the Hon. H. D. Ci.ayton. This action was brought by Rebecca Crosby and others, claiming as heirs at law of Newsom Taunton, deceased, against Stephen J. Pi’idgen, to recover the possession of a tract of land which was particularly described in the complaint, containing about 1,100 acres, and consisting of subdivisions of sections 16, It and 20, in township six (6), range .twenty (20), and a part of section 31 in township seven ; and was commenced on the 3d August, 1881. The defendant entered a disclaimer “ as to all the lands sued for,”…
1Opinion of the CourtSomrbyille, J.
— -The pleas of not guilty and of adverse possession admitted possession of the entire tract of land sued for in the action. They were repugnant to, and inconsistent with the plea or suggestion of disclaimer, which was applicable to only to a portion of the land. Under our practice, going to trial under these repugnant pleas operated as a waiver of the plea of disclaimer. — Alexander v. Wheeler, 69 Ala. 232; Bernstein v. Humes, 60 Ala. 582; Code, 1876, § 2963 ; Callan v. McDaniel, 72 Ala. 96.
The rule is settled in this State, that peaceable possession of land by an actual occupant, who is in…
2Cases cited8 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- Thompson v. . BurhansNew York Court of Appeals · 1879
- Callan v. McDanielSupreme Court of Alabama · 1882
- Cook v. McChristianCalifornia Supreme Court · 1854
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bynum v. GoldSupreme Court of Alabama · 1894
- Ware v. DewberrySupreme Court of Alabama · 1887
- Campbell v. BatesSupreme Court of Alabama · 1904
- Danner v. CrewSupreme Court of Alabama · 1902
- England v. HatchSupreme Court of Alabama · 1885
2 more not listed; retrieve them via the Exa API.