Legal Opinion

Hopkins v. Duggar

Supreme Court of Alabama

Decided June 30, 1920No. 2 Div. 697PublishedCited by 39 opinions

Appeal from Circuit Court, Marengo County; A. B. Foster, Judge. Ejectment by R. H. Duggar against H. T. Hopkins. Judgment for plaintiff, and defendant appeals. The verdict is absolutely void. 174 Ala. 170, 57 South. 46; section 3853, Code 1907. No adverse possession is here shown. 175 Ala. 211, 57 South. 477; 131 Ala. 386, 30 South. 824; 121 Ala. 664, 25 South. 716; 117 Ala. 526, 23 South. 136, 67 Am. St. Rep. 182. No claim was filed as required by the statute.

Read the full summary

Appeal from Circuit Court, Marengo County; A. B. Foster, Judge. Ejectment by R. H. Duggar against H. T. Hopkins. Judgment for plaintiff, and defendant appeals. The verdict is absolutely void. 174 Ala. 170, 57 South. 46; section 3853, Code 1907. No adverse possession is here shown. 175 Ala. 211, 57 South. 477; 131 Ala. 386, 30 South. 824; 121 Ala. 664, 25 South. 716; 117 Ala. 526, 23 South. 136, 67 Am. St. Rep. 182. No claim was filed as required by the statute. Section 2830, Code 1907; 127 Ala. 582, 29 South. 63; 145 Ala. 233, 41 South. 745; 200 Ala. 507, 76 South. 449. See generally 33 Ala.…

1Opinion of the CourtSayre, J.

Appellee sued in statutory ejectment stating his case in three counts. There was a disclaimer as to the lands described in the second count of the complaint upon which plaintiff thereupon had judgment, without costs or damages. As to the regularity of that judgment no question is made. Count 1 described the land sued for as:

“A strip off the west side of the east % of the west %, being 40 feet wide at the north end, and 30 feet wide on the south end of section 24, in township IS, range 3 east, in Marengo county, Ala.”

In count 3 the land was described as;

“A strip or parcel on the west side of…

2Cases cited5 opinions

  1. Alexander v. WheelerSupreme Court of Alabama · 1881
  2. Smith v. BachusSupreme Court of Alabama · 1918
  3. Hoffman v. WhiteSupreme Court of Alabama · 1890
  4. Kirkland v. PilcherSupreme Court of Alabama · 1911
  5. Chapman v. HoldingSupreme Court of Alabama · 1877

3Cited by39 opinions

  1. Smith v. CookSupreme Court of Alabama · 1929
  2. MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
  3. Lay v. PhillipsSupreme Court of Alabama · 1964
  4. McNeil v. HaddenSupreme Court of Alabama · 1954
  5. Brantley v. HeltonSupreme Court of Alabama · 1932

34 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API