Kretzer v. Jackson
Supreme Court of Alabama
Appeal from Lauderdale Circuit Court. Ejectment by Frank Jackson against Anna Kretzer. Judgment for plaintiff and defendant appeals. Plaintiff traces title through deed from William Peck to Herman Muller, mortgage from Muller to Frank Jackson, and deed from Jackson as mortgagee to himself as purchaser at the mortgage sale. Defendant claims by deed from William Peck to herself and án adverse holding under the facts as stated in the opinion.
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Appeal from Lauderdale Circuit Court. Ejectment by Frank Jackson against Anna Kretzer. Judgment for plaintiff and defendant appeals. Plaintiff traces title through deed from William Peck to Herman Muller, mortgage from Muller to Frank Jackson, and deed from Jackson as mortgagee to himself as purchaser at the mortgage sale. Defendant claims by deed from William Peck to herself and án adverse holding under the facts as stated in the opinion. The provisions of section 1541, Code 1896, are without application here as the holding was by one having title or at least under claim of right by gift or…
1Opinion of the CourtAnderson, J.
— While there was evidence that Peck deeded the land in question to Muller, and which was a part of his home place, there was further proof that Muller never took possession of the land, or abandoned it shortly thereafter if he did, and returned the deed to Peck and told him he did not wish the land. Peck has ever since remained in possession of same until he conveyed it to this defendant in 1906. If these facts were true, Peck’s possession was adverse, and the boundaries thereof were coextensive with his original title, which was admitted to be in him prior to the Muller deed, and he did not…
2Cases cited5 opinions
- Hickman v. LinkSupreme Court of Missouri · 1888
- Doe ex dem. Holt v. AdamsSupreme Court of Alabama · 1898
- Hughes v. IsraelSupreme Court of Missouri · 1881
- Owen v. MoxonSupreme Court of Alabama · 1910
- Sledge v. SingleySupreme Court of Alabama · 1903
3Cited by4 opinions
- Smith v. BachusSupreme Court of Alabama · 1918
- Allison-Russell-Withington Co. v. SommersSupreme Court of Alabama · 1929
- Earnest v. FiteSupreme Court of Alabama · 1924
- Short v. De Bardeleben Coal Co.Supreme Court of Alabama · 1922