Johnson v. Shepherd
Supreme Court of Alabama
Appeal from the Circuit Court of Conecujh. Tried before the Hon. J. C. Richardson. This vms a statutory action of ejectment brought by the appellant, Jeff Johnson, against the appellees 'to recover certain lands specifically described in-the complaint. The plaintiff based his right to recover the lands sued for upon the fact that he was the ihalf-brother of Mose Johnson, who owned said lands and Avas in possession of them at the 'time of his death.
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Appeal from the Circuit Court of Conecujh. Tried before the Hon. J. C. Richardson. This vms a statutory action of ejectment brought by the appellant, Jeff Johnson, against the appellees 'to recover certain lands specifically described in-the complaint. The plaintiff based his right to recover the lands sued for upon the fact that he was the ihalf-brother of Mose Johnson, who owned said lands and Avas in possession of them at the 'time of his death. The facts, as to the relationship of plaintiff and Mose Johnson, are sufficiently set forth in the opinion. Tihe plaintiff offered to introduce in…
1Opinion of the Court
ANDERSON. J.
The plaintiff, Jeff Johnson, bases his right to recover the land in question upon the theory that he is the brother and heir-at-law of Mose Johnson, deceased, who owned and was in possession of the land at the time of his death.
The undisputed evidence was that Jeff and Mose Johnson had the same father, but different mothers; that Mose was born before the war, and his parents were slaves, and his mother died before the war. The father then, during slavery, took up with the mother of Jeff Johnson and continued to live with her for years after the war, and until her death, about…
2Cases cited3 opinions
- Smith v. StateSupreme Court of Alabama · 1846
- Washington v. WashingtonSupreme Court of Alabama · 1881
- Malinda v. GardnerSupreme Court of Alabama · 1854
3Cited by5 opinions
- In Re Estate of McDadeSupreme Court of Oklahoma · 1923
- Williams v. WitherspoonSupreme Court of Alabama · 1911
- Carter v. GainesSupreme Court of Alabama · 1920
- Mostilla v. AshSupreme Court of Alabama · 1937
- Walker v. TynerSupreme Court of Oklahoma · 1923