Witherington v. White
Supreme Court of Alabama
Ejectment. Appeal from Conecuh. Circuit Court. Heard before Hon. J. C. Richardson. Ejectment by Chester G. White and others against J. E. Witherington. Judgment for plaintiffs and defendant appeals.
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Ejectment. Appeal from Conecuh. Circuit Court. Heard before Hon. J. C. Richardson. Ejectment by Chester G. White and others against J. E. Witherington. Judgment for plaintiffs and defendant appeals. Where both parties claim through a common source, both are estopped from denying title to him through, whom they claim. — 3 Mayf. p. 124. The court erred in admitting deeds from Knight to- Knight, and it was competent for defendant to show the mental incapacity of the grantor. — WilJcerson v. WiUcerson, 129 Ala. 279. Plaintiffs were not required to go behind the title of the common source.—…
1Opinion of the CourtSimpson, J.
— This is a statutory action of ejectment by the appellees against the appellant. The plain*318tiffs, besides proof seeking to establish adverse possession, introduced a deed from Green Knight to Katy Knight (his wife), July 26, 1876, a deed from Charles Gainer (who testified that he is the only heir of Katy Knight) to S. A. Wilson, January 21, 1907, and a deed from S. A. Wilson to plaintiffs, January 22, 1907. The defendant introduced a deed from Miles Riley, Amanda Ingram, and Celie Riley, of date April 7,1905, and from Enoch Knight and Comelete Knight, of April 8, 1905, conveying the land to…
2Cases cited2 opinions
- Robinson v. AllisonSupreme Court of Alabama · 1899
- Foy v. WellbornSupreme Court of Alabama · 1895
3Cited by4 opinions
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- Williams v. BedsoleSupreme Court of Alabama · 1911
- Grant v. NationsSupreme Court of Alabama · 1911
- Grant v. NationsSupreme Court of Alabama · 1911