Childs v. Floyd
Supreme Court of Alabama
Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. Ejectment by W. A. Childs against S. C. Floyd and others. Judgment for defendants, and plaintiff appeals.
Read the full summary
Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. Ejectment by W. A. Childs against S. C. Floyd and others. Judgment for defendants, and plaintiff appeals. The suit is for 80 acres of land, which was originally owned by B. E. Floyd, who deeded it to his wife, M. G. Floyd, in 1880, he and his wife thereafterwards occupying it jointly as their homesteád until the death of the wife in 1887. B. E. Floyd then married a second time, his wife being S. C. Floyd, and to this union several children were born. They continued to live on the land until B. E. Floyd died in 1895. According to…
1Opinion of the CourtSomerville, J.
On the undisputed evidence, the defendants had such possession of the land in question from 1895 to 1913 as would ripen into title against the plaintiff’s claim, provided they come within the exception to the statute (Code 1896, § 1541) dispensing with the filing of notice of their adverse claim in the office of the judge of probate. Under that statute — in force until the adoption of the new Code in 1908 — they were not required to file such notice of claim if they entered upon the land under a “bona fide claim of inheritance.” The evidence amply supports a finding that they were such…
2Cases cited1 opinion
- Jordan v. SmithSupreme Court of Alabama · 1913
3Cited by7 opinions
- Jones v. RutledgeSupreme Court of Alabama · 1918
- Parrish v. DavisSupreme Court of Alabama · 1957
- Cox v. BroderickSupreme Court of Alabama · 1923
- Earnest v. FiteSupreme Court of Alabama · 1924
- State v. BroosSupreme Court of Alabama · 1952
2 more not listed; retrieve them via the Exa API.