Rogers v. Keith
Supreme Court of Alabama
Ejectment. Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne Suit by Margaret Keith, et al., against John H. Rogers to recover possession of certain lands in statutory ejectment.
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Ejectment. Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne Suit by Margaret Keith, et al., against John H. Rogers to recover possession of certain lands in statutory ejectment. The facts sufficiently appear in the opinion of the court. — There can be no adverse possession by color of title under a deed uncertain in description. — Black’s Case, 109 Ala. 112; Railroad Go. v. Boykin, 76 Ala. 560. The description in appellee’s deed is uncertain. — 2 Devlin Deeds, p. 316. The court judicially knows the survey of public lands.— Ledbetter v. Ba'lckcin, 128 Ala. 418. The lands…
1Opinion of the CourtHaralson, J.
— The suit was brought by Margaret Keith and others against John H. Rogers, to recover possession of the N. 1-2 of section 34, township 2 N., range 1 W., in Mobile county. Plaintiffs are the heirs at law of John Keith, deceased. There was evidence that said Keith went into possession of the lands in 1885, claiming under a purchase from the state; that his possession continued until his death in 1887, and that thereafter plaintiffs, through their agent, continued in possession under claim through their father. Plaintiffs then offered in evidence a receipt from the State Treasurer for the…
2Cases cited5 opinions
- Brannan v. HenrySupreme Court of Alabama · 1904
- Reddick v. LongSupreme Court of Alabama · 1899
- Campbell v. BatesSupreme Court of Alabama · 1904
- Strange & White v. KingSupreme Court of Alabama · 1887
- Lambert v. NewmanSupreme Court of Alabama · 1876
3Cited by6 opinions
- Bradford v. SneedSupreme Court of Alabama · 1911
- Riley v. FletcherSupreme Court of Alabama · 1913
- Perryman v. WrightSupreme Court of Alabama · 1914
- Harris v. ByrdSupreme Court of Alabama · 1918
- McBride v. LoweSupreme Court of Alabama · 1912
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