Lewis v. Johnson
Supreme Court of Alabama
Appeal from Circuit Court, Greene County ; Henry B. Foster, Judge. Statutory ejectment by Miss C. A. Lewis against William D. Johnson. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Greene County ; Henry B. Foster, Judge. Statutory ejectment by Miss C. A. Lewis against William D. Johnson. Judgment for defendant, and plaintiff appeals. The complaint was as follows: Count 1: “The plaintiff sues to recover possession of the following tract of land, to wit: The west half of the southwest quarter of section twenty-four, township twenty, of range one east, less and except five acres off of the northwest comer thereof, situate and being in Greene county, Alabama, of which she was in possession, and upon which, pending such possession, and before the…
1Opinion of the CourtSomerville, J.
The action is in statutory ejectment, and the complaint is in two counts. There is no controversy as to the respective paper titles of the parties, except as to the identity of the excepted five acres referred to in the first count, but plaintiff claims by adverse possession certain parts of the land deeded to defendant, which adjoins plaintiff’s land on its western side.
Under the first count plaintiff expressly excepts from the tract therein sued for “five acres off the northwest corner thereof.” This exception follows the exception set forth in the deed of conveyance under which she claims.…
2Cases cited4 opinions
- Chastang v. ChastangSupreme Court of Alabama · 1904
- Potts v. ColemanSupreme Court of Alabama · 1880
- Daniels v. WilliamsSupreme Court of Alabama · 1912
- Hays v. LemoineSupreme Court of Alabama · 1908
3Cited by5 opinions
- Hughes v. AllenSupreme Court of Alabama · 1934
- Bates v. FlowersSupreme Court of Alabama · 1929
- Ex Parte CraigSupreme Court of Alabama · 1942
- Harris v. EllerSupreme Court of Alabama · 1942
- Moss v. MossCourt of Civil Appeals of Alabama · 1976