Barrett v. Kelly
Supreme Court of Alabama
Appeal from tlie Circuit Court of Mobile. Tried before the Hon. William S. Anderson. , This was a suit in ejectment by the appellees against the appellant, to recover a strip of land; and the leading controversy ivas whether the «trip in suit was part of the lot No. 4 of the St. Louis tract, dr part of the Duncan tract.
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Appeal from tlie Circuit Court of Mobile. Tried before the Hon. William S. Anderson. , This was a suit in ejectment by the appellees against the appellant, to recover a strip of land; and the leading controversy ivas whether the «trip in suit was part of the lot No. 4 of the St. Louis tract, dr part of the Duncan tract. The plaintiffs claimed to own lot No. 4 of the St. Louis tract, but did' not claim to own any part of the Duncan tract, unless the land in controversy was. upon the Duncan tract, in which event they claimed that they have always supposed it to be part of lot No. 4 of the St.…
1Opinion of the CourtTyson, J.
The two theories upon which the plaintiffs base their right to recover the strip of land in suit are: First, that it is a part of lot 4 of the Si. Louis tract or latterly known as the lands of Daniel Kelly;- second, if not a part of lot 4, but a part of the Dun-can tract, which adjoins, claimed to be owned by the defendant, they claim to have had adverse pos*383session of it for a sufficient length of time to ripen into a title.
The plaintiffs showed possession of part of lot four under color of title to the whole since 3856, and offered evidence tending to show adverse possession for ten years…
2Cases cited7 opinions
- Hunnicutt v. PeytonSupreme Court of the United States · 1880
- Payne v. CrawfordSupreme Court of Alabama · 1893
- Doe ex dem. Holt v. AdamsSupreme Court of Alabama · 1898
- Taylor v. FombySupreme Court of Alabama · 1897
- Smith v. KeyserSupreme Court of Alabama · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Smith v. BachusSupreme Court of Alabama · 1915
- Walker v. WymanSupreme Court of Alabama · 1908
- Jones v. MitchellSupreme Court of Alabama · 1953
- Mooney v. StateAlabama Court of Appeals · 1930