Legal Opinion

Doolittle v. Robertson

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 14 opinions

Appeal from the Circuit Court of St. Clair. Tried before the Hon. George E. Brewer. On the facts stated in the opinion, the court, at the request of the defendants, gave the general affirmative charge in their favor. The plaintiffs duly excepted to the giving of this charge, and appeal from the judgment in favor of the defendants. cited Abbettv.

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Appeal from the Circuit Court of St. Clair. Tried before the Hon. George E. Brewer. On the facts stated in the opinion, the court, at the request of the defendants, gave the general affirmative charge in their favor. The plaintiffs duly excepted to the giving of this charge, and appeal from the judgment in favor of the defendants. cited Abbettv. Page, 92 Ala. 571. cited McGee v. Eastis, 5 Stew. & Port., 426 ; Doe ex, dem Robinson v. Quinla,n, 51 Ala. 539; Yarbrough’s Aclmr. v. Avant, 66 Ala. 526; Davis v. Curvy, 85 Ala. 133.

1Opinion of the CourtColeman, J.

The appellants, as plaintiffs, instituted the statutory action of ejectment to recover certain lands, in the possession .of and claimed by the defendants. The facts are agreed upon, and they present a single question of law for review. Elizabeth Brown, the mother of plaintiffs, went into possession of the land tinder a parol gift from her father in 1853. In 1868 he executed her a deed to the land, with covenants of warranty, and she remained in open, notorious and adverse possession of the land as her own until the date of her death, which occurred» in 1883; and her husband, as such,…

2Cases cited2 opinions

  1. Harn v. SmithTexas Supreme Court · 1891
  2. Abbett v. PageSupreme Court of Alabama · 1890

3Cited by14 opinions

  1. Porter v. HendersonSupreme Court of Alabama · 1919
  2. Trauner v. LowreySupreme Court of Alabama · 1979
  3. Coleman v. BAC ServicingCourt of Civil Appeals of Alabama · 2012
  4. Kimball v. AndersonOhio Supreme Court · 1932
  5. Caraker v. BrownSupreme Court of Georgia · 1922

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