Hoffman v. White
Supreme Court of Alabama
Appeal from the City Court of Decatur. Tried before the Hon. ¥«. H. Simpson. This action was brought by John Hoffman against Edward D. White, to recover the possession of a narrow strip of land in Decatur, seven (7) feet wide by 132 feet in depth; and was commenced on the 26th August, 1887. The plaintiff claimed the strip of land as part of his lot No. 23, while the defendaut claimed it as part of his lot, No. 32, which adjoined plaintiff’s lot on the west.
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Appeal from the City Court of Decatur. Tried before the Hon. ¥«. H. Simpson. This action was brought by John Hoffman against Edward D. White, to recover the possession of a narrow strip of land in Decatur, seven (7) feet wide by 132 feet in depth; and was commenced on the 26th August, 1887. The plaintiff claimed the strip of land as part of his lot No. 23, while the defendaut claimed it as part of his lot, No. 32, which adjoined plaintiff’s lot on the west. The defendant pleaded not guilty, and the statute of limitations of ten years; and issue was joined on these pleas. The case being…
1Opinion of the Court
McOLELLAN, «L
We are satisfied from the evidence in this record, that about the year 1869 a fence was erected on what was supposed by the then owners of lots 23 and 32, respectively, to be the divisional line between said lots. We are further satisfied that, from that time to the present, the owners of lot 32 have been in the open, notorious, actual and continuous possession thereof as defined in part by said fence, which has been constantly maintained on the line of its original location. We are also convinced that this possession on the part of the defendant, and those under whom he claims,…
2Cases cited7 opinions
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3Cited by26 opinions
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