Roman v. Lentz
Supreme Court of Alabama
Appeal from Lawrence Circuit Court. Heard before Hon. D. W. Speake. Ejectment by S. Roman as trustee against H. C. Lentz and others. Judgment for defendant and plaintiff appeals.
Read the full summary
Appeal from Lawrence Circuit Court. Heard before Hon. D. W. Speake. Ejectment by S. Roman as trustee against H. C. Lentz and others. Judgment for defendant and plaintiff appeals. The plaintiff having shown a complete paper title, and that the proceedings in the probate court were void, the burden was shifted to defendants to sustain their plea of the statute of limitations for three years by showing that that statute was applicable and further showing adverse possession in all its essential elements. — Smith, v. Cox, 115 Ala-. 506; Long v. Boast, 153 Ala. 428; M. & E. R. R. Co. v. Rut-land,…
1Opinion of the CourtDowdell, C. J.
This is a statutory action in the nature of an action of ejectment brought by the appellant Roman against the appellees to recover possession of certain lands in Lawrence county. From a verdict and judgment in favor of the defendants, Lentz et al., this appeal is prosecuted. On the trial the plaintiff proved a complete paper chain of title, tracing from the government into himself.
The defendants sought to justify their holdings on tAvo theories: (1) That the plaintiff failed to assess the lands for taxes for the year 1898, and had failed to pay the taxes thereon for said year; that in the…
2Cases cited7 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Toole v. StateSupreme Court of Alabama · 1910
- Harvey v. ThorpeSupreme Court of Alabama · 1856
- Ala. Great Southern Railroad v. MoodySupreme Court of Alabama · 1890
- Smith v. CoxSupreme Court of Alabama · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Harwell v. StateAlabama Court of Appeals · 1915
- Maisel v. StateAlabama Court of Appeals · 1919
- Patterson v. MilliganAlabama Court of Appeals · 1914
- Pollak v. MilamSupreme Court of Alabama · 1914
- Dowdell v. BeasleyAlabama Court of Appeals · 1919
19 more not listed; retrieve them via the Exa API.