Prewitt v. Ashford
Supreme Court of Alabama
Appeal from the Circuit Court of Lawrence. Tried before the Hon. Henry C. Speaks. This action was brought by William Y. Prewitt, against Mrs. Caroline Ashford, to recover a tract of land containing 705 acres; and was commenced on the 22d. March, 1888. The land sued for was part of a larger tract, which once belonged to Thus. H. Ashford, the husband of Mrs. Caroline Ashford; and it was sold and conveyed by him, prior to 1858, to Richard Prewitt.
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Appeal from the Circuit Court of Lawrence. Tried before the Hon. Henry C. Speaks. This action was brought by William Y. Prewitt, against Mrs. Caroline Ashford, to recover a tract of land containing 705 acres; and was commenced on the 22d. March, 1888. The land sued for was part of a larger tract, which once belonged to Thus. H. Ashford, the husband of Mrs. Caroline Ashford; and it was sold and conveyed by him, prior to 1858, to Richard Prewitt. On the 27th April, 1866, Richard PreAvitt conveyed said land, Avith several other tracts, by deed of marriage settlement, to Mrs. Josephine PreAvitt,…
1Opinion of the CourtSomerville, J.
The action is one of statutory ejectment. The court, on the trial below, gave the general affirmative charge to find for the defendant, and the verdict of the jury was accordingly so rendered.
The evidence in behalf of the plaintiff, Prewitt, who is the appellant here, made out aprima facie case of title in him, such as would authorize a recovery, unless Ms case was overthrown by the countevailing evidence of the defendant, Mrs. Ashford. It was as follows: (1) A xoarranty deed from Richard Prewitt to Josephine Prewitt, dated April 27th, 1866. (2) A deed from Josephine Prewitt to the plaintiff,…
2Cases cited6 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Stone v. DuvallIllinois Supreme Court · 1875
- Heflin v. AshfordSupreme Court of Alabama · 1887
- Parker v. MarksSupreme Court of Alabama · 1886
- Bone v. LansdenSupreme Court of Alabama · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ashford v. PrewittSupreme Court of Alabama · 1893
- Lost Creek Coal & Mineral Land Co. v. HendonSupreme Court of Alabama · 1926
- Jones v. Woodstock Iron Co.Supreme Court of Alabama · 1891
- Weathers v. HillSupreme Court of Alabama · 1890
- Johnson v. BrauchSouth Dakota Supreme Court · 1896
11 more not listed; retrieve them via the Exa API.