Vandiveer v. Stickney
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Tried before Hon. James E. Cobb. This was a statutory real action in the nature of ejectment, brought by William P. Vandiveer against Henry G. Stickney and Mary E. Stickney; was commenced on 17th May, 1880; and, as to that portion of the land actually in controversy, — to which a disclaimer filed by the defendants did not apply, — the cause was tried on issues joined on the pleas of not guilty and the statute of limitations of ten years,…
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Appeal from Montgomery Circuit Court. Tried before Hon. James E. Cobb. This was a statutory real action in the nature of ejectment, brought by William P. Vandiveer against Henry G. Stickney and Mary E. Stickney; was commenced on 17th May, 1880; and, as to that portion of the land actually in controversy, — to which a disclaimer filed by the defendants did not apply, — the cause was tried on issues joined on the pleas of not guilty and the statute of limitations of ten years, the’trial resulting in a verdict and judgment for the defendants. The evidence introduced on behalf of the plaintiff…
1Opinion of the CourtSomerville, J.
We discover no error in'the rulings of the circuit court, as shown in the present record.
In Collins v. Johnson, 57 Ala. 304, it was decided that an uninterrupted, continuous possession of lands by a donee, under a mere parol gift, accompanied with a claim of right, is an adverse holding as against the donor, and will be protected by the statute of limitations, thus maturing into a good title by the lapse of ten years. The fact is immaterial that such a parol gift of lands conveys no title, and only operates as a mere tenancy at will, capable of revocation or disaffirmance by the donor at any…
2Cases cited11 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1883
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Bernstein v. HumesSupreme Court of Alabama · 1877
- McCarthy v. NicrosiSupreme Court of Alabama · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Grayson v. MuckleroySupreme Court of Alabama · 1929
- Hoelmer v. HeiskellSupreme Court of Missouri · 1949
- Harris v. Consolidated School Dist. No. 8 C, Dunklin Co.Supreme Court of Missouri · 1959
- Hart v. KendallSupreme Court of Alabama · 1886
- Pendley v. PendleySupreme Court of Alabama · 1976
10 more not listed; retrieve them via the Exa API.