Oliver v. Oliver
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Ejectment by Ida I. Oliver against W. S. Oliver. From a judgment for defendant, plaintiff appeals. The plaintiff sued to recover a rectangular strip of land 32 yards deep on the north side of the S. W. 14 of the S. W. 1/4, section 32, township 24,- range 23, Tallapoosa county.
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Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Ejectment by Ida I. Oliver against W. S. Oliver. From a judgment for defendant, plaintiff appeals. The plaintiff sued to recover a rectangular strip of land 32 yards deep on the north side of the S. W. 14 of the S. W. 1/4, section 32, township 24,- range 23, Tallapoosa county. The defendant, as the judgment entry shows, filed the plea of the general issue, which he withdrew before trial, and filed in its stead a disclaimer with the statutory suggestion that, the plaintiff being the owner of said above-described quarter…
1Opinion of the CourtSomerville, J.
The trial court properly allowed the defendant to withdraw his plea of not guilty, and to file the disclaimer with suggestion that the real is sue in the case was a disputed boundary line.—Bernstein v. Humes, 60 Ala. 582, 597, 31 Am. Rep. 52.
In the disputed boundary suggestion there was incorporated some unessential statements of fact, which however, were properly treated as surplusage, and not vitiatory of the suggestion.
Under the issues made by the pleadings and submitted to the jury, it was clearly not permissible for plaintiff to show title by adverse possesion to any part of the N. W. %…
2Cases cited5 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Cooper v. SlaughterSupreme Court of Alabama · 1912
- Wade v. GilmerSupreme Court of Alabama · 1914
- Huntsvile Belt Line & Monte Sano Railway Co. v. Corpening & Co.Supreme Court of Alabama · 1892
- Barlow v. HamiltonSupreme Court of Alabama · 1907
3Cited by31 opinions
- Smith v. BachusSupreme Court of Alabama · 1915
- Copeland v. WarrenSupreme Court of Alabama · 1926
- McNeil v. HaddenSupreme Court of Alabama · 1954
- Southern Express Co. v. WhittleSupreme Court of Alabama · 1915
- McNeil v. AttawayArizona Supreme Court · 1960
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