Hornsby v. Tucker
Supreme Court of Alabama
Appeal from Elmore Circuit Court. Heard before Hon. W. W. Pearson. Ejectment by J. L. Hornsby against J. D. Tucker. Judgment for defendant and plaintiff appeals.
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Appeal from Elmore Circuit Court. Heard before Hon. W. W. Pearson. Ejectment by J. L. Hornsby against J. D. Tucker. Judgment for defendant and plaintiff appeals. The court was in error in giving the general charge as the matter of adverse possession was, under the evidence, for the jury.— McCall v. Pryor, 17 Ala. 533; Russell v. Erwin, 38 Ala. 48; Brown v. Cockrell, 33 Ala. 38; Davis v. Caldwell, 107 Ala. 526; Higdon v. Kennemar, 120 Ala. 198. The deed of McKinzie to plaintiff was admissible, not only to show claim of ownership in McKenzie, but as showing color of title in plaintiff and the…
1Opinion of the CourtMoCLELLAN, J.
Statutory ejectment by appellant against appellee.
The parties are coterminous owners. The area in question is a strip of land 35 yards wide, running the length of the N. y2 of a subquarter of a quarter section, particularly described, of course, in the pleading. In the deeds in the plaintiff’s chain of title the strip in dispute was described, if it is in fact within the N. y2 of the S. E. % of the N. W. % of section 11, township 19, range 21, in Elmore county, Alabama.
The defendant’s deed from Brooks, his alleged predecessor in right and title, appears not to have been offered in evidence.…
2Cases cited10 opinions
- Dothard v. DensonSupreme Court of Alabama · 1882
- Payne v. CrawfordSupreme Court of Alabama · 1893
- Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908
- McLester Building Co. v. UpchurchSupreme Court of Alabama · 1912
- Doe ex dem. Mills v. ClaytonSupreme Court of Alabama · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Smith v. BachusSupreme Court of Alabama · 1915
- Barbaree v. FlowersSupreme Court of Alabama · 1940
- Perolio v. Doe ex dem. Woodward Iron Co.Supreme Court of Alabama · 1916
- Ray v. FarrowSupreme Court of Alabama · 1924