Johnson v. Toulmin
Supreme Court of Alabama
Error to the Chancery Court of Mobile. Tried before the Hon. J. W. Lesesne. The bill in this case was filed by the plaintiffs in error as the heirs at law of Thomas Johnson against Theophilus Toulmin, the heirs of Daniel Juzan, and the heirs of David Files, for the purpose of redeeming mortgaged premises, for an account, &c.
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Error to the Chancery Court of Mobile. Tried before the Hon. J. W. Lesesne. The bill in this case was filed by the plaintiffs in error as the heirs at law of Thomas Johnson against Theophilus Toulmin, the heirs of Daniel Juzan, and the heirs of David Files, for the purpose of redeeming mortgaged premises, for an account, &c. The facts are sufficiently stated in the opinion of the court. 1. Files & Lyon, the purchasers from Juzan, went into possession under the contract with him in 1813. It was a joint-purchase; they were tenants in common; their possession was co-extensive with their right,…
1Opinion of the CourtChilton, J.
It is undoubtedly true as a general proposition, that the possession of one joint tenant, coparcener or tenant in common, is the possession of his co-tenant, and is regarded as in support of their common title — (see 2 Cruise on Real Prop., by Greenl. 393, § 14, and the American cases collected in note 1) — but it is equally well settled, that one tenant in common may disseise another. What acts, however, shall constitute such disseisin, or ouster, is not so well agreed upon by the authorities. The simple fact, that one tenant in common receives the whole profits, is not sufficient to divest…
2Cases cited6 opinions
- Willison v. WatkinsSupreme Court of the United States · 1830
- Juzan v. ToulminSupreme Court of Alabama · 1846
- Abercrombie v. BaldwinSupreme Court of Alabama · 1849
- Wood v. WoodSupreme Court of Alabama · 1842
- Bolton v. HamiltonSupreme Court of Pennsylvania · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Rorer Iron Co. v. TroutSupreme Court of Virginia · 1887
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Grayson v. MuckleroySupreme Court of Alabama · 1929
- Brown v. CockerellSupreme Court of Alabama · 1858
27 more not listed; retrieve them via the Exa API.