Moore v. Elliott

(after stating the facts as above). The statement of the case filed herewith is sufficient to indicate the questions presented, and to demonstrate that the appellants’ contention that complainant and those under whom he claims entered as tenants in common with John W. and Della Moore is untenable.

The principle asserted by the appellants, that when one enters upon lands he is presumed to enter under the title which, his deed purports on its face to convey, both as to the extent of the land and the nature of his interest, is unquestionably sound. Dew v. Garner, 207 Ala. 353, 92 So. 647, 27 A.…