Clarke v. Dunn
Supreme Court of Alabama
Appeal from Marion Circuit Court. ■ Heard before Hon. C. P. Almon. Action of unlawful detainer by Pat H. Dunn against Henry T. Clark. Prom a judgment in favor of plaintiff, defendant appeals.
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Appeal from Marion Circuit Court. ■ Heard before Hon. C. P. Almon. Action of unlawful detainer by Pat H. Dunn against Henry T. Clark. Prom a judgment in favor of plaintiff, defendant appeals. Possession under a conveyance constituting color of title though not capable of passing title' is not limited to the part actually occupied but is referred to the boundaries described in the instrument.— Black v. T. G. & I. R. R. Go., 93 Ala. 190; Burk v. Mitchell, 78 Ala. 63; Smith v. Kyser, 115 Ala. 455; Good-son v. Brothers, 111 Ala. 589. Tax records showing the payment of taxes are admissible on the…
1Opinion of the CourtMcCLELLAN, J.
This was an action of unlawful detainer, commenced by appellee against appellant. It was removed to the circuit court on petition, and thereupon the title became the issue between the parties.— Code 1896, § 2147 et seq.
The lands in question originally belonged to E. G. Terrell. In 1886 all of the lands owned by Terrell at his death were partitioned, in the probate court, among his heirs. The courthouse of Marion county burned, destroying the evidence of the action taken in the partition. of these lands. On September 12, 1888, the several *636coparceners of all lands left by E. G-. Terrell joined…
2Cases cited6 opinions
- Goodson v. BrothersSupreme Court of Alabama · 1895
- Mobile & Ohio Railroad v. NicholasSupreme Court of Alabama · 1893
- Jones v. HaglerSupreme Court of Alabama · 1891
- Pearson v. AdamsSupreme Court of Alabama · 1900
- Gist v. BeaumontSupreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Louisville & Nashville R. R. v. CarterSupreme Court of Alabama · 1915
- Alabama Great Southern R. R. v. SmithSupreme Court of Alabama · 1912
- Marietta Fertilizer Co. v. BlairSupreme Court of Alabama · 1911
- Sandlin v. AndersSupreme Court of Alabama · 1917
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911