Ware v. Dewberry
Supreme Court of Alabama
Appeal from Clay Circuit Court. Tried before Hon. Jas. W. Lapsley. The plaintiff, and appellant, showed his prior possession under claim of ownership, which was sufficient to authorize a recovery. — 70 Ala. 385; 08 lb. 383; 38 lb. 44; 05 lb. 208. It . is further shown that defendant’s ancestor went in under plaintiff and that defendant’s claim is in right of such ancestor, and therefore they can not dispute plaintiff’s title. Plaintiff must make out kis case.
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Appeal from Clay Circuit Court. Tried before Hon. Jas. W. Lapsley. The plaintiff, and appellant, showed his prior possession under claim of ownership, which was sufficient to authorize a recovery. — 70 Ala. 385; 08 lb. 383; 38 lb. 44; 05 lb. 208. It . is further shown that defendant’s ancestor went in under plaintiff and that defendant’s claim is in right of such ancestor, and therefore they can not dispute plaintiff’s title. Plaintiff must make out kis case. He showed neither legal title nor right to possession. — Olive v. Adams, 50 Ala. 373. The ancestor, Dewberry, is not shown to be a…
1Opinion of the CourtSomeryille, J.
The Circuit Court erred in giving the general affirmative charge, instructing the jury to find for the defendants if they believed the evidence. The defendants came into possession of the land sued for as the heirs of one Aaron Dewberry, holding by privity of estate under him as their deceased father and ancestor. He had purchased the land from the plaintiff, having paid a part of the purchase-money and' gone into possession during his life-time. Under this state of facts the defendants were estopped from denying the original title of the plaintiff, from whom they claimed derivatively. —…
2Cases cited3 opinions
- Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1883
- Wilson v. GlennSupreme Court of Alabama · 1880
- Crosby v. PridgenSupreme Court of Alabama · 1884
3Cited by8 opinions
- Lewis v. WatsonSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. PhilyawSupreme Court of Alabama · 1889
- Atlas Subsidiaries of Florida, Inc. v. KornegaySupreme Court of Alabama · 1972
- Birmingham Fuel Co. v. BoshellSupreme Court of Alabama · 1914
- Scott v. LeigeberSupreme Court of Alabama · 1944
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