Legal Opinion

Bonham v. Loeb

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 9 opinions

Appeal from the city court of Montgomery. Tried before the Hon. Thomas M. Arrington. This was an action of trespass, instituted on August 10, 1894, by the appellant, Camilla D. Bonham, against the appellee, Jacques Loeb, to recover damages for trespass, alleged to have been committed by the defendant. The complaint contained two counts, which were as follows : ‘First count.

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Appeal from the city court of Montgomery. Tried before the Hon. Thomas M. Arrington. This was an action of trespass, instituted on August 10, 1894, by the appellant, Camilla D. Bonham, against the appellee, Jacques Loeb, to recover damages for trespass, alleged to have been committed by the defendant. The complaint contained two counts, which were as follows : ‘First count. The plaintiff claims of the defendant the sum of five thousand dollars damages for a trespass by the defendant on the following tract of land, dedicated by Eliza Peacock as a burying ground about the year 1840, and…

1Opinion of the CourtHaralson, J.

The plaintiff makes no pretense of title to the property, for a'trespass on which by defendant she complains, except such as she claims by ten years adverse holding; nor does she show any actual occupancy or possession of the lot at the time of the alleged trespass. The only pretense of possession by the plaintiff, was that her grandfather, William Peacock, under whom she claims title, and who died about sixty years ago, was buried in the grave-yard, — about twenty-five feet square,— on the lot described in the complaint, and that her husband and three of her children were also buried there.…

2Cases cited8 opinions

  1. Normant v. Eureka Co.Supreme Court of Alabama · 1893
  2. Allison v. LittleSupreme Court of Alabama · 1890
  3. Parks v. BarnettSupreme Court of Alabama · 1893
  4. McInerny v. IrvinSupreme Court of Alabama · 1890
  5. Taylor v. SmithSupreme Court of Alabama · 1894

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Bessemer Land & Improvement Co. v. JenkinsSupreme Court of Alabama · 1895
  2. Matter of Poole Funeral Chapel, Inc.United States Bankruptcy Court, N.D. Alabama · 1986
  3. Holder v. Elmwood CorporationSupreme Court of Alabama · 1936
  4. Kerlin v. RamageSupreme Court of Alabama · 1917
  5. City of El Paso v. Fort Dearborn National BankTexas Supreme Court · 1903

4 more not listed; retrieve them via the Exa API.

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