Ross v. Goodwin
Supreme Court of Alabama
Appeal from the Circuit Court of Cleburne. Tried before the Hon. Leroy F. Box. This action was brought by Thomas J. Goodwin and others, against Thomas Strong, to recover the possession of a tract of land described as the “N. E. quarter of section 18, township 17, range 10;” and was commenced on the 21st July, 1887. Strong disclaimed title in himself, and John Boss, as administrator of the estate of John Goodwin, deceased, was made a party defendant on his own motion, and…
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Appeal from the Circuit Court of Cleburne. Tried before the Hon. Leroy F. Box. This action was brought by Thomas J. Goodwin and others, against Thomas Strong, to recover the possession of a tract of land described as the “N. E. quarter of section 18, township 17, range 10;” and was commenced on the 21st July, 1887. Strong disclaimed title in himself, and John Boss, as administrator of the estate of John Goodwin, deceased, was made a party defendant on his own motion, and pleaded (1) not guilty, (2) the statute of limitations of ten years, and (3) the statute of limitations of twenty years; on…
1Opinion of the CourtStone, C. J.
Continuity is an essential element of an adverse holding, such as can ripen into a title. Different entries, at different times, by different persons, between whom there is no privity of estate, nor connected claim of rightful holding, are but a succession of trespasses, and neither can furnish any support to the other. — Riggs v. *396Fuller, 54 Ala. 141; Bell v. Denson, 56 Ala. 444; Ladd v. Dubroca, 61 Ala. 25. Nor can it vary the principle, if the same person perpetrate several, separate tortious takings and holdings, if no one of them is long enough to amount to a bar, provided he permit some…
2Cases cited9 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
- Riggs v. FullerSupreme Court of Alabama · 1875
- Bell v. DensonSupreme Court of Alabama · 1876
- Philippi v. PhilippiSupreme Court of Alabama · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Chastang v. ChastangSupreme Court of Alabama · 1904
- Goodson v. BrothersSupreme Court of Alabama · 1895
- Elyton Land Co. v. DennySupreme Court of Alabama · 1895
- Lawrence v. Alabama State Land Co.Supreme Court of Alabama · 1905
- Davis v. ArnoldSupreme Court of Alabama · 1904
3 more not listed; retrieve them via the Exa API.