Bernstein v. Humes
Supreme Court of Alabama
Appeal from Madison Circuit Court. Tried before Hon. Louis Wyeth. This cause was decided at the December term, 1880, but has not been reported. The record in the case could not be found bj the reporter. He has also endeavored t'o obtain the original bill of exceptions; but, as he was informed, that has also been mislaid or lost..
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Appeal from Madison Circuit Court. Tried before Hon. Louis Wyeth. This cause was decided at the December term, 1880, but has not been reported. The record in the case could not be found bj the reporter. He has also endeavored t'o obtain the original bill of exceptions; but, as he was informed, that has also been mislaid or lost.. As the opinion, however, can be understood, on the important questions decided, from the facts stated in it, especially when aided by the facts appearing in the report of the case on former appeal (Bernstein v. Hum.es et al., 60 Ala. 582), it is thought best to…
1Opinion of the CourtStone, J.
When this case was before in this court, 60 Ala. 582, 602, we said : “To avoid a deed made by one out of possession, it is enough if there be one in adverse possession, exercising acts of ownership, and claiming ■ to be rightfully in possession. Color of title is not necessary.” We fortified that opinion by a citation of many authorities. Possession, to have this effect, must be .actual, not constructive. And it must be marked by acts of dominion, such as the erection of houses, making valuable improvements, clearing lands, claiming ownership, or by some other act, evidencing that the…
2Cases cited8 opinions
- Pollard v. MaddoxSupreme Court of Alabama · 1856
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Badger v. LyonSupreme Court of Alabama · 1845
- Branch Bank v. FrySupreme Court of Alabama · 1853
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Grayson v. MuckleroySupreme Court of Alabama · 1929
- Humes v. BernsteinSupreme Court of Alabama · 1882
- Vandiveer v. StickneySupreme Court of Alabama · 1883
- Parks v. BarnettSupreme Court of Alabama · 1893
- Wisconsin Central Railroad v. Wisconsin River Land Co.Wisconsin Supreme Court · 1888
11 more not listed; retrieve them via the Exa API.