Wainwright v. Marbury Lumber Co.
Supreme Court of Alabama
Appeal from Circuit Court, Autauga County; E. Loyd Tate, Judge. Ejectment by the Marbury Lumber Company against John B. Wainwright and others for the recovery of certain land. Judgment for jffaintiff, and defendants appeal.
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Appeal from Circuit Court, Autauga County; E. Loyd Tate, Judge. Ejectment by the Marbury Lumber Company against John B. Wainwright and others for the recovery of certain land. Judgment for jffaintiff, and defendants appeal. The court erred in giving the affirmative charge. 38 Cyc. 1533, 1567, 1570; 134 Ala. 641, 33 South. 16; 5 Ala. 29; 205 Ala. 35, 88 South. 139. The court erred in admitting the deeds, as they were void as to appellants. 73 Ala. 537*; 122 Ala. 323, 25 South. 204; 190 Ala. 566, 67 South. 234; 192 Ala. 188, 68 South. 353; 47 Ala. 637 ; 60 Ala. 582, 31 Am. Rep. 52; 151 Ala.…
1Opinion of the CourtMcCLELLAN, J.
[1] Statutory ejectment, instituted by appellee against appellant. The former appeal is reported in 202 Ala. 266, 80 South. 352. After reversal on that appeal, John B. Wainwright was stricken as a defendant, certain lands were eliminated, and defendants withdrew their disclaimer, and all pleaded the general issue. The record title to all the land claimed in the amended complaint was shown to be in the plaintiff. The defendants relied alone, upon adverse possession without color of title to expand an asserted actual possession beyond the area of actual occupancy as that possession is defined…
2Cases cited5 opinions
- Chastang v. ChastangSupreme Court of Alabama · 1904
- Bowles v. LowerySupreme Court of Alabama · 1913
- McDaniel v. Tennessee Coal, Iron & R. R.Supreme Court of Alabama · 1907
- First National Bank v. JohnsonSupreme Court of Alabama · 1914
- Marbury Lumber Co. v. WainwrightSupreme Court of Alabama · 1918
3Cited by1 opinion
- Carswell v. Town of MorgantonSupreme Court of North Carolina · 1952