Doe ex dem. Holt v. Adams
Supreme Court of Alabama
Appeal from tbe Circuit Court of Shelby. Tried before Hon. Geo. E. Brewer. Tbe facts are stated in tbe opinion. Tbe charges refused to tbe plaintiff and wbicb are referred to in the opinion are as follows: No. 1. “If the-jury believe tbe evidence, you must find the defendant's-suggestion of adverse possession to be untrue.”
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Appeal from tbe Circuit Court of Shelby. Tried before Hon. Geo. E. Brewer. Tbe facts are stated in tbe opinion. Tbe charges refused to tbe plaintiff and wbicb are referred to in the opinion are as follows: No. 1. “If the-jury believe tbe evidence, you must find the defendant's-suggestion of adverse possession to be untrue.” No. 2. “If you believe from tbe evidence that Willoughby, the-agent of tbe Railroad Company, told Mr. Stein at the-time of tbe sale to him that tbe kiln was not on tbe land' sold him, be cannot claim to be a purchaser in good faith of tbe kiln, bis suggestion of adverse…
1Opinion of the CourtBrickell, C. J.
— This is an action o-f ejectment by the appellant to recover possession of “the southeast quarter of the northwest quarter of section 9, township 22, range 2 west, situated in Shelby county, Alabama, the same being the subdivision of land upon which is located the lime kiln on the South & North Alabama Railroad formerly operated by N. B. Dare and known as the ‘Dare Kiln.’ ” Defendant disclaimed possession of all the land sued for except a part thereof 200 feet by 300 feet, particularly described, on which is situated the lime kiln etc., and as to this part he pleaded not guilty and the…
2Cases cited4 opinions
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- New Orleans & Selma Railroad v. JonesSupreme Court of Alabama · 1880
- Weber v. AndersonIllinois Supreme Court · 1874
- McQueen v. LampleySupreme Court of Alabama · 1883
3Cited by23 opinions
- Ashford v. McKeeSupreme Court of Alabama · 1913
- Smith v. BachusSupreme Court of Alabama · 1918
- Brannan v. HenrySupreme Court of Alabama · 1904
- Mardis v. NicholsSupreme Court of Alabama · 1981
- Oliver v. WilliamsSupreme Court of Alabama · 1909
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