McCary v. Crumpton

MERRILL, Justice.

Appellant filed a statutory action of ejectment against appellee in July, 1947, to recover 71 acres of wild and uncultivated land in Chilton County. The cause was transferred to equity and, on appeal, we held that the cause should be retransferred to the law side of the docket, 263 Ala. 576, 83 So.2d 309. Trial was had on March 20, 1957, and the jury found for the appellee, a motion for a new trial was overruled and this appeal was taken.

Both parties claim title through a common source, Moses McCary. The Alabama Mineral Land Company sold the suit property to Moses McCary in…