Boyce v. Holmes
Supreme Court of Alabama
The plaintiff in error brought an action of tresspass, in the Circuit Court of Dallas, to try titles to two lots, situated in the town of Cahawba, and to recover damages of the defendant as mesne profits, in consequence of their occupancy by him.
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The plaintiff in error brought an action of tresspass, in the Circuit Court of Dallas, to try titles to two lots, situated in the town of Cahawba, and to recover damages of the defendant as mesne profits, in consequence of their occupancy by him. The defendant pleaded “not guilty,” and filled a suggestion under the statute, in which he insists, that he and those under whom he claims, have had adverse possession of the lots in controversy, for three years, and have made valuable, and permanent improvements on the same, &c. To this suggestion, the plaintiff demurred, but his demurrer was…
1Opinion of the CourtCollier, C. J.
— It is , unnecessary to consider the sufficiency of the suggestion, as the question proposed to be raised upon the demurrer, is brought directly to the view of the Court, in the instructions to the jury.
The inquiry is, does the act of the eighth of January, 1836, “for the relief of tenants in possession, against dormant titles” operate retrospectively, so as to entitle persons, holding adversely to the rightful owner of land, to compensation for permanent and valuable improvements, made previous to its passage ; or does it only confer upon the adverse possessor, the right to be compensated…
2Cited by9 opinions
- Barrington v. BarringtonSupreme Court of Alabama · 1917
- Grand International Brotherhood of Locomotive Engineers v. GreenSupreme Court of Alabama · 1923
- People ex rel. Thorne v. HaysCalifornia Supreme Court · 1854
- McGregor v. McGregorSupreme Court of Alabama · 1947
- New England Mortgage Security Co. v. Board of RevenueSupreme Court of Alabama · 1886
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