Morris & Co. v. Giddens
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John R. Tyson. This was a statutory action of ejectment brought by the appellee, J. C. Giddens, against Josiah Morris & Co. to recover the possession of certain lands. The description of the lands sued for, as contained in the complaint, is set forth in the opinion. The title of the plaintiff to the land sued for is based on his adverse possession of the same for more than ten years.
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Appeal from the Circuit Court of Pike. Tried before the Hon. John R. Tyson. This was a statutory action of ejectment brought by the appellee, J. C. Giddens, against Josiah Morris & Co. to recover the possession of certain lands. The description of the lands sued for, as contained in the complaint, is set forth in the opinion. The title of the plaintiff to the land sued for is based on his adverse possession of the same for more than ten years. The defendants, Josiah Morris & Co., who were by motion made defendants instead of their tenant, against whom the suit was originally brought, claimed…
1Opinion of the CourtMcCLELLAN, J.
This is a statutory action in the nature of ejectment. The complaint seeks the x-ecovery of “forty-one (41) acres of land off of the northwest quax-ter of the southwest quarter of section 2, township 11, range 19, lying and being situated in Pike county, Alabama.” The judgment follows the complaint, being that “plaintiff have and recover of the defendant the following described laxids, to-wit: forty-one acres off of the N. W. i of S. W. i of section 2, township 11, range 19, lying and being situated in Pike coxxnty, Alabama.”
On the trial there was evidence offered by the plaintiff himself…
2Cases cited1 opinion
- Frank v. MyersSupreme Court of Alabama · 1892
3Cited by4 opinions
- Swindall v. FordSupreme Court of Alabama · 1913
- Bromberg v. SmeeSupreme Court of Alabama · 1900
- Southern Iron & Steel Co. v. StowersSupreme Court of Alabama · 1914
- Martin v. Consolidated Cone Co.Supreme Court of Alabama · 1927