Knight v. Hunter
Supreme Court of Alabama
Ejectment. Appeal from Randolph Circuit Court. Heard before Hon. S. L. Brewer. Action by William F. Knight and others against R. H. M. Hunter and others. From a judgment for defendants, plaintiffs appeal. Ejectment for 120 acres of land. The plaintiffs sue as heirs at law of William H. Wood, deceased, while defendants claim under one R. S. M. Hunter. The facts are sufficiently stated in the opinion of the court.
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Ejectment. Appeal from Randolph Circuit Court. Heard before Hon. S. L. Brewer. Action by William F. Knight and others against R. H. M. Hunter and others. From a judgment for defendants, plaintiffs appeal. Ejectment for 120 acres of land. The plaintiffs sue as heirs at law of William H. Wood, deceased, while defendants claim under one R. S. M. Hunter. The facts are sufficiently stated in the opinion of the court. The following charges were given for the defendants: “(2) In this case the court charges the jury that all the plaintiffs must recover, or none can recover. (3) Unless each one of the…
1Opinion of the CourtAnderson, J.
Section 1541 of the Code of 1896 requires the filing of a notice in the probate office of an adverse claim to land by one who is in possession as a trespasser or mere squatter, as contradistinguished from one in possession with color of title or bona fide claim of inheritance or of purchase. One can therefore have a bona fide claim of purchase without having color of title; and, conceding that the tax certificate was not color of title, the trial court properly admitted it in evidence for the purpose of showing the character of possession by the ancestor of defendants, and to relieve them…
2Cases cited6 opinions
- Chastang v. ChastangSupreme Court of Alabama · 1904
- McCreary v. Jackson Lumber Co.Supreme Court of Alabama · 1906
- Louisville & Nashville Railroad v. PhilyawSupreme Court of Alabama · 1889
- Ladd v. DubrocaSupreme Court of Alabama · 1878
- Jay v. SteinSupreme Court of Alabama · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cooper v. the Miami Herald Publishing Co.Supreme Court of Florida · 1947
- Brannan v. HenrySupreme Court of Alabama · 1912
- Cambron v. KirklandSupreme Court of Alabama · 1971
- Jones v. MitchellSupreme Court of Alabama · 1953
- Crow v. SmithSupreme Court of Alabama · 1922
3 more not listed; retrieve them via the Exa API.