Ladd v. Dubroca
Supreme Court of Alabama
APPEAL from the Circuit Court of Mobile. Tried before Hon. Henry T. Toulmin. This was a real action under the Code, brought by the-appellant, John M. Ladd, against the appellee, Sylvester Dubroca, to recover possession- of a certain tract of land situated in Mobile county. The case was tried on the plea of the general issue.
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APPEAL from the Circuit Court of Mobile. Tried before Hon. Henry T. Toulmin. This was a real action under the Code, brought by the-appellant, John M. Ladd, against the appellee, Sylvester Dubroca, to recover possession- of a certain tract of land situated in Mobile county. The case was tried on the plea of the general issue. On the trial, the plaintiff introduced Vol. 3 of the American State Papers; Public Lands, vol. 3, page 10, No. 67, being No-. 234 Land Claims east and west of Pearl river, communicated to the House of Representatives January 5, 1816, — Report No. 3, No. of Registry 67 —…
1Opinion of the CourtBrickell, C. J.
1. The deed of a tax-collector purporting to convey lands, sold by him for payment of taxes, without proof of his authority to sell, may constitute a claim, and color of title, the element of an adverse possession. Dillingham v. Brown, 38 Ala. 311. There was no error consequently in the admission of the deed from the tax-collector to Dubroca.
2. If the defense had been limited to the statute of limitations, the bar of the statute could not have been invoked, without evidence of a continuous adverse possession for ten years before the action was commenced. The third charge requested would then…
2Cases cited5 opinions
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Doe ex dem. Farmer's Heirs v. EslavaSupreme Court of Alabama · 1847
- Abercrombie v. BaldwinSupreme Court of Alabama · 1849
- Dillingham v. BrownSupreme Court of Alabama · 1862
- Hinton v. NelmsSupreme Court of Alabama · 1848
3Cited by17 opinions
- Chastang v. ChastangSupreme Court of Alabama · 1904
- Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
- Hassam v. J. E. Safford Lumber Co.Supreme Court of Vermont · 1909
- Allen v. KellamSupreme Court of Alabama · 1881
- Beard v. RyanSupreme Court of Alabama · 1884
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