McMillan v. Aiken
Supreme Court of Alabama
Appeal from Circuit Court, Baldwin County; A. E. Gamble, Jud’ge. v Action by Benjamine F. McMillan against Norma Aiken and another for trespass to land, conversion of certain lumber, and for trover. Judgment for defendants, and plaintiff appeals.
Read the full summary
Appeal from Circuit Court, Baldwin County; A. E. Gamble, Jud’ge. v Action by Benjamine F. McMillan against Norma Aiken and another for trespass to land, conversion of certain lumber, and for trover. Judgment for defendants, and plaintiff appeals. The court erred in directing a verdict for the defendant. 110 Ala. 452, 18 South. 215; 146 Ala. 685, 40 South. 323; 144 Ala. 343, 39 South. 74; 186 Ala. 580, 64 South. 787. As to the description, see 72 Ala. 39; 13 Cyc. 628-631; 188 Ala. 572, 66 South. 443; 175 Ala. 443, 57 South. 836. As to the recitals in the ancient deeds and after grantor’s…
1Opinion of the CourtThomas, J.
The suit is for trespass on land,' for the cutting and taking of timber therefrom, and for the conversion of the sam'e. Some phases of the litigation havo 'been considered by the court.
A bill was filed by Norma Aiken and others against B. E. McMillan and others seeking injunction until respondents could establish title to the lands by action at law and to prevent further trespass. Held: ■ (1) That the possession of a holder of land “under a bona fide color of title will be extended to the limits described in the color” (limited by adverse holdings), and possession as so extended is actual and…
2Cases cited82 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Crane v. Lessee of MorrisSupreme Court of the United States · 1832
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
77 more not listed; retrieve them via the Exa API.
3Cited by366 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Lewis v. MartinSupreme Court of Alabama · 1923
- Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
- Lowery v. MaySupreme Court of Alabama · 1925
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
361 more not listed; retrieve them via the Exa API.