Cochran v. Kimbrough
Supreme Court of Alabama
Appeal from Greene Circuit Court. Heard before Hon. W. H. Sprott. Ejectment by James E. Cochran against George Kimbrough. From a judgment for defendant as to part of the lands sued for plaintiff appeals. The following charges were refused to the plaintiff: (1) The charge first discussed in the opinion was the general affirmative charge to find for the plaintiff.
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Appeal from Greene Circuit Court. Heard before Hon. W. H. Sprott. Ejectment by James E. Cochran against George Kimbrough. From a judgment for defendant as to part of the lands sued for plaintiff appeals. The following charges were refused to the plaintiff: (1) The charge first discussed in the opinion was the general affirmative charge to find for the plaintiff. (3) “The court charges the jury that if from the evidence they are reasonably satisfied that the land in dispute is a part of the N. W. % of the N. W. % of section 1, township 22 range 2 E., then the jury should return a verdict for…
1Opinion of the CourtAnderson, J.
— The defendant, by his plea of “not guilty,” admitted possession of all the land sued for. He also admitted, upon the trial, that the plaintiff had the record title to same, and made no effort to show a divestiture of his said title, except by showing an adverse possession, by himself and preceding owners of the adjacent 40, of a few acres. Certainly the plaintiff was entitled to recover all the land, save these few acres, under any aspect, and was therefore entitled to a verdict, and the trial court would not have been reversed for giving charge 1, requested by the plaintiff . But,' while…
2Cases cited1 opinion
- Glidden v. Doe ex dem. AndrewsSupreme Court of Alabama · 1846
3Cited by5 opinions
- Swift v. Doe ex dem. WilliamsSupreme Court of Alabama · 1909
- Buchmann v. TurnerSupreme Court of Alabama · 1930
- Reynolds v. TrawickSupreme Court of Alabama · 1918
- Bennett v. AlbrechtSupreme Court of Alabama · 1918
- Pinckard v. AbelSupreme Court of Alabama · 1917