Legal Opinion

Jackson Lumber Co. v. McCreary

Supreme Court of Alabama

Decided November 15, 1902PublishedCited by 22 opinions

Appeal from the Circuit Court of 'Covington. Tried before the Hon. John P. Hubbard. This was a statutory action of ejectment, brought by the appellants^ Ida McCreary, John Finley, James Finley and George Finley, against the appellant, the Jackson Lumber Company, to recover lands specifically described in the complaint. The facts of the case necessary to an understanding of the decision on the present appeal,, are sufficiently stated in the opinion.

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Appeal from the Circuit Court of 'Covington. Tried before the Hon. John P. Hubbard. This was a statutory action of ejectment, brought by the appellants^ Ida McCreary, John Finley, James Finley and George Finley, against the appellant, the Jackson Lumber Company, to recover lands specifically described in the complaint. The facts of the case necessary to an understanding of the decision on the present appeal,, are sufficiently stated in the opinion. Among the charges requested by the defendant, to the refusal of the court to give each of which the defendant. separately excepted, was the…

1Opinion of the CourtHaralson, J.

The plaintiffs claim title to the land in question as derived from W. F. Donaldson, hut failed to show title in him. Donaldson testified, that he bought it once from his uncle, a man named Donaldson, who was in possession. He testified on his direct examination that in 1874, witness made a deed to the land to A. F. Jackson. Jackson, as shown, made a deed on the 26Ih December, 1882, to John Finley, the ancestor of plaintiffs, and through whom they claim. On the cross-examination of this witness he testified,, that he did not know who was in possession of the land from 1863 to 1872, when he…

2Cases cited6 opinions

  1. Farley v. SmithSupreme Court of Alabama · 1863
  2. Florence Building & Investment Ass'n v. SchallSupreme Court of Alabama · 1894
  3. Burks v. MitchellSupreme Court of Alabama · 1884
  4. Stephens v. MooreSupreme Court of Alabama · 1896
  5. Bernheim & Co. v. HortonSupreme Court of Alabama · 1893

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Smith v. BachusSupreme Court of Alabama · 1915
  2. Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
  3. Tensaw Land & Timber Co. v. RiversSupreme Court of Alabama · 1943
  4. McCreary v. Jackson Lumber Co.Supreme Court of Alabama · 1906
  5. Green v. MarlinSupreme Court of Alabama · 1929

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