Marston v. Rowe
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. N. W. Cocke. The original bill in this case was filed on the 20th February, 1861, by Charles A. Marston, against Nancy Rowe and Thomas Gleason. The bill charged, in substance— 1st. That complainant is sub-vendee of Andrew Dexter, long since dead, and is; in fact, the owner of certain lands, (describing same,) being the same lands sold by said Dexter to Darling Collins, on the 20fch October, 1836. 2d.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. N. W. Cocke. The original bill in this case was filed on the 20th February, 1861, by Charles A. Marston, against Nancy Rowe and Thomas Gleason. The bill charged, in substance— 1st. That complainant is sub-vendee of Andrew Dexter, long since dead, and is; in fact, the owner of certain lands, (describing same,) being the same lands sold by said Dexter to Darling Collins, on the 20fch October, 1836. 2d. That Nancy Rowe and Thomas Gleason are in possession of five acres of said land, and claim the whole of it, and interfere with…
1Opinion of the CourtB. E. Saeeold, J.
The court has heretofore decided, tha if the facts stated in the bill of the complainant are true, he is entitled to the relief prayed for.—Marston v. Rowe, 39 Ala. 722. The cause has since been tried on the merits, and the bill dismissed, on the ground that conceding the adverse possession of Dexter and of Collins, from 1833 to 1847, the proof fails to show an uninterrupted continuance of the possession in any one claiming under them since that time.
The view of the case, by the chancellor, makes it necessary to consider all the points of difference presented by the pleadings.
These are — 1st.…
2Cases cited10 opinions
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Brown v. CockerellSupreme Court of Alabama · 1858
- Foster v. GoreeSupreme Court of Alabama · 1843
- McCall v. Doe ex dem. PryorSupreme Court of Alabama · 1850
- Smoot v. LecattSupreme Court of Alabama · 1828
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3Cited by6 opinions
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