Baucum v. George
Supreme Court of Alabama
Appeal from tbe Circuit Court of Clay. Tried before the Hon. John Henderson. This action was brought by Charles H. George, against William Baucum and William H. Jenkins, to recover the possession of a tract of land, which was described in the complaint as the “ west half of the south-east quarter of section thirty-four (34), -township twenty (20), range six (6) east, ” together with damages for its detention ; and was commenced in July, 1874. Under the facts proved on the…
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Appeal from tbe Circuit Court of Clay. Tried before the Hon. John Henderson. This action was brought by Charles H. George, against William Baucum and William H. Jenkins, to recover the possession of a tract of land, which was described in the complaint as the “ west half of the south-east quarter of section thirty-four (34), -township twenty (20), range six (6) east, ” together with damages for its detention ; and was commenced in July, 1874. Under the facts proved on the trial, and the charge of the court, the plaintiff had a verdict and judgment for “ eleven-twelfths of the west half of the…
1Opinion of the CourtBriceell, C. J.
— The title of the appellee to the premises in controversy being derived from the sheriff’s sale under execution against Yarborough, it was necessary to show that, at the time of the sale, or at some time when the lien of the judgment would attach, Yarborough had such title as was the subject of levy and sale. His possession, áeeompanied by acts indicating ownership, we're admissible evidence for that purpose (Badger v. Lyon, 7 Ala. 564); and his declarations, explanatory of the possession, were also admissible; but not declarations narrative of a past transaction, extending beyond an…
2Cases cited15 opinions
- Stanley v. GadsbySupreme Court of the United States · 1836
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Sharpe v. OrmeSupreme Court of Alabama · 1878
- Nelson v. IversonSupreme Court of Alabama · 1850
- McBride v. ThompsonSupreme Court of Alabama · 1845
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3Cited by40 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Minge v. GreenSupreme Court of Alabama · 1912
- Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
- Driggers v. CassadySupreme Court of Alabama · 1882
- Phillips v. AshworthSupreme Court of Alabama · 1929
35 more not listed; retrieve them via the Exa API.