Bell v. Denson
Supreme Court of Alabama
Appeal from the Circuit Court of Cleburne. Tried before the Hon. Wk. L. Whitlock. This action was brought by James H. Bell, William Dothard, and Benjamin J. Sitton, against Levi P. Denson and J ames Denson, to recover a certain tract of land in said county, which was described as “ the west half of section six (6), township seventeen (17), range eleven (11),” together with damages for its detention. The record does not show at what time it was commenced.
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Appeal from the Circuit Court of Cleburne. Tried before the Hon. Wk. L. Whitlock. This action was brought by James H. Bell, William Dothard, and Benjamin J. Sitton, against Levi P. Denson and J ames Denson, to recover a certain tract of land in said county, which was described as “ the west half of section six (6), township seventeen (17), range eleven (11),” together with damages for its detention. The record does not show at what time it was commenced. The defendants pleaded, “in short by consent, the general issue, and the statutes of limitation of ten and twenty years; ” and issue was…
1Opinion of the Court
BBICKELL, 0. J.
The evidence proposed to be made by the witness Creamer, that Bell, before the war, had executed a mortgage on the premises, was properly rejected.' If the mortgage was material, it should have been produced, or its absence accounted for, before parol evidence of its existence could be received.
2. Actual, visible, uninterrupted possession, hostile to the true owner, tolls his entry, if continued for the period prescribed by the statute of limitations. When the possession is without written color of title, defining the quantity, or boundaries of the land claimed, it is adverse…
2Cases cited4 opinions
- Snider v. CroyNew York Supreme Court · 1807
- Doe ex dem. Farmer's Heirs v. EslavaSupreme Court of Alabama · 1847
- Farley v. SmithSupreme Court of Alabama · 1863
- Jackson, ex rel. Constantine v. WarfordNew York Supreme Court · 1831
3Cited by26 opinions
- Goodson v. BrothersSupreme Court of Alabama · 1895
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
- Hand v. StanardSupreme Court of Alabama · 1980
- Normant v. Eureka Co.Supreme Court of Alabama · 1893
- Carl v. StateSupreme Court of Alabama · 1899
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