McCall's Admr. v. Capehart
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Tried before the Hon. John D. Phelan. John McCall, the intestate of the plaintiff, as the evidence tended to show, took possession of certain unoccupied lands and premises, without any claim of right or title thereto; but because, as he said, “he knew the titles were destroyed, and that in consequence he believed the true owner could never recover them.”
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Error to the Circuit Court of Montgomery. Tried before the Hon. John D. Phelan. John McCall, the intestate of the plaintiff, as the evidence tended to show, took possession of certain unoccupied lands and premises, without any claim of right or title thereto; but because, as he said, “he knew the titles were destroyed, and that in consequence he believed the true owner could never recover them.” Afterwards, McCall was sued for the possession of the lands by one Pryor, and, during the pendency of the suit, Capehart & Harbin, who claimed title to said lands and premises under a purchase made by…
1Opinion of the CourtGoldthwaite, J.
The case of Gillespie v. Dew, 1 Stew. 229, and Blevins v. Cole, 1 Ala. Rep. 210, are directly to the point, that the owner of lands may maintain trespass against a wrong doer, where there is no adverse possession, and the current of American authority is to the same effect. Van Brunt, et al. v. Schenck, 11 John. 385; Bush v. Bradley, 4 Day, 306; Con. Society v. Baker, 15 Verm. 119; Dobbs v. Gallidge, 4 Dev. & Bat. 68; McGran v. Bookman, 3 Hill S. C. 265; Leadbetter v. Fitzgerald, 1 Pike, 448; Cohoon v. Simmons, 7 Ired. 189. The charge of the court, therefore, as to the facts, which would make…
2Cases cited7 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Bush v. BradleySupreme Court of Connecticut · 1810
- Van Brunt v. SchenckNew York Supreme Court · 1814
- Religious Congregational Society v. BakerSupreme Court of Vermont · 1843
- Gillespie v. DewSupreme Court of Alabama · 1827
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Smith v. . HartsellSupreme Court of North Carolina · 1908
- Johnston & Seats v. Smith's Adm'rSupreme Court of Alabama · 1881
- Gilman, Son & Co. v. JonesSupreme Court of Alabama · 1888
- Vaughan v. MarableSupreme Court of Alabama · 1879
- Thompson v. MarshallSupreme Court of Alabama · 1860
3 more not listed; retrieve them via the Exa API.