Vidmer v. Lloyd
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Sapfold Berney. • Action in ejectment by John B. Vidmer and others against Thomas L. Lloyd. Judgment for defendant, and plaintiffs appeal.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Sapfold Berney. • Action in ejectment by John B. Vidmer and others against Thomas L. Lloyd. Judgment for defendant, and plaintiffs appeal. Plaintiff introduced certified copy of the deed from Harriet McGill to Adele Rabby, dated March 13, 1866; also, certified copy of a deed from William Vickars and another to Adele Rabby, wife of J. M. Rabby, dated December 3, 1870. The evidence for plaintiff tended to show that Mrs. Rabby bought and paid for the land, and that she lived there four or five years, until she died, and that the husband,…
1Opinion of the CourtAnderson, J.
— The undisputed evidence shows that this defendant was in the actual possession of the land sued for, claiming it as his own, for about 40 years. This being true, such possession on his part, without recognition of any claim, light, or titie of another, would operate as an absolute repose under the doctrine of prescription. — Roach v. Cox, 160 Ala. 425, 49 South. 578, 135 Am. St. Rep. 107, and cases there cited. The rule, however, is that neither the statute of limitations nor the prescription of 20 years begins to run against a remainderman until he has a right to sue, that -is, until the…
2Cases cited8 opinions
- Winters v. PowellSupreme Court of Alabama · 1912
- Roach v. CoxSupreme Court of Alabama · 1909
- McCreary v. Jackson Lumber Co.Supreme Court of Alabama · 1906
- Louisville & Nashville Railroad v. PhilyawSupreme Court of Alabama · 1889
- Pendley v. Madison's Adm'rSupreme Court of Alabama · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Morris v. YanceySupreme Court of Alabama · 1958
- Lyons v. TaylorSupreme Court of Alabama · 1936
- St. Clair Springs Hotel Co. v. BalcombSupreme Court of Alabama · 1926
- Stewart Bros. v. RansomSupreme Court of Alabama · 1920
- Birmingham Fuel Co. v. BoshellSupreme Court of Alabama · 1914
4 more not listed; retrieve them via the Exa API.