Alabama State Land Co. v. Matthews
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Common law ejectment by the Alabama State Land Company against W. S. Matthews. Judgment for defendant and plaintiff appeals.
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Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Common law ejectment by the Alabama State Land Company against W. S. Matthews. Judgment for defendant and plaintiff appeals. The following charges were given for the defendant: “(3) The court charges the jury that, openness and notoriety and exclusiveness of possession are shown by such acts in respect of the land in its condition at the time as comport with ownership — such acts as would ordinarily be performed by the true owners in appropriating the land or its avails to his own use, and preventing others from the use…
1Opinion of the CourtMcCLELLAN, J.
Common-law ejectment. The defense invoked was adverse possession- under color of title. All of the assignments of error relate to charges bearing on this defense.
Charge 3, given for defendant (appellee), has the sanction of Goodson v. Brothers, 111 Ala. 589, 20 South. 443. We do not find the doctrine there announced, and appropriated in charge 3,- has been qualified since the rendition of that decision. The charge does not undertake, as seems to be the view of counsel for appellant, to define adverse possession. Its office was to deal with the openness, notoriety, and exclusiveness of…
2Cases cited4 opinions
- Goodson v. BrothersSupreme Court of Alabama · 1895
- Wilkerson v. TillmanSupreme Court of Alabama · 1880
- Rankin v. DeanSupreme Court of Alabama · 1908
- Hollingsworth v. WalkerSupreme Court of Alabama · 1893
3Cited by29 opinions
- Long v. LaddSupreme Court of Alabama · 1962
- Kubiszyn v. BradleySupreme Court of Alabama · 1974
- Tensaw Land & Timber Co. v. RiversSupreme Court of Alabama · 1943
- Hand v. StanardSupreme Court of Alabama · 1980
- Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
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