Burks v. Mitchell
Supreme Court of Alabama
Appeal from the Circuit Court of Coosa. Tried before the lion. James E. Cobb. This action was brought by John Burks, to recover the possession of the south-east quarter of section seventeen (17), township twenty-four (24), range twenty (20); and was commenced on 16th February, 1882. William Tillery was tlie original defendant, but, by consent, Thomas PI. Mitchell was substituted in his stead, who held possession as county superintendent of public schools.
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Appeal from the Circuit Court of Coosa. Tried before the lion. James E. Cobb. This action was brought by John Burks, to recover the possession of the south-east quarter of section seventeen (17), township twenty-four (24), range twenty (20); and was commenced on 16th February, 1882. William Tillery was tlie original defendant, but, by consent, Thomas PI. Mitchell was substituted in his stead, who held possession as county superintendent of public schools. The canse was tried on issue joined on the plea of not guilty; and on the trial the plaintiff reserved a bill of exceptions, in which the…
1Opinion of the CourtSomerville, J.
It may be admitted to be a settled rule of law in this State, that an adverse possession of land, which continues unbroken for ten years, will confer a title which will sustain as well as defeat an action of ejectment. As said in Barclay v. Smith, 66 Ala. 230, it “armssuch holder with all the powers of offense and defense which an unbroken chain of title confers.” — Farmer v. Eslava, 11 Ala. 1028 ; State v. Conner, 69 Ala. 212.
The record shows that the plaintiff, Burks, lias not had adverse possession of the lands in controversy for so long a-period as ten years. Admitting, therefore, that…
2Cases cited9 opinions
- Dothard v. DensonSupreme Court of Alabama · 1882
- Doe ex dem. Farmer's Heirs v. EslavaSupreme Court of Alabama · 1847
- Bell v. DensonSupreme Court of Alabama · 1876
- Childress v. CallowaySupreme Court of Alabama · 1884
- State v. ConnerSupreme Court of Alabama · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Chastang v. ChastangSupreme Court of Alabama · 1904
- Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
- Jackson Lumber Co. v. McCrearySupreme Court of Alabama · 1902
- Tennessee Coal, Iron & Railroad v. LinnSupreme Court of Alabama · 1898
- Henry v. BrownSupreme Court of Alabama · 1904
5 more not listed; retrieve them via the Exa API.