Wilson v. Glenn
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Tried before Hon. John Henderson. This was a statutory real action in the nature of ejectment brought by John T. Glenn against A. T. Wilson and L. M. Wilson for the recovery of a quarter section of land, and was commenced on the 25th October, 1876. The defendants pleaded hot guilty, and upon the issue thus made the cause was tried.
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Appeal from Coosa Circuit Court. Tried before Hon. John Henderson. This was a statutory real action in the nature of ejectment brought by John T. Glenn against A. T. Wilson and L. M. Wilson for the recovery of a quarter section of land, and was commenced on the 25th October, 1876. The defendants pleaded hot guilty, and upon the issue thus made the cause was tried. On the trial, as shown by the bill of exceptions, the plaintiff examined as a witness one Bradley, who testified, in substance, that Samuel Parker was in possession of, and cultivated the land sued for until about the year 1856,…
1Opinion of the CourtSomeryille, J.
The general and well established rule in cases of ejectment is, that the plaintiff is required to recover, if at all, upon the strength of his own title, and not upon the mere weakness of his adversary’s, Brock v. Yongue, 4 Ala. 584; Tyler on Ejectment, 72. The first charge requested by defendant was a correct exposition of this principle and should have been given.
Rut it is equally well settled, that prior possession of the-premises sued for by any plaintiff in this action, creates a. presumption of title, which can only be rebutted or countervailed by showing title in the defendant;, or…
2Cases cited6 opinions
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- Smith v. RobertsSupreme Court of Alabama · 1878
- McCall v. Doe ex dem. PryorSupreme Court of Alabama · 1850
- Smoot v. LecattSupreme Court of Alabama · 1828
- Brock v. YongueSupreme Court of Alabama · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Guilmartin v. WoodSupreme Court of Alabama · 1884
- McCreary v. Jackson Lumber Co.Supreme Court of Alabama · 1906
- Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1883
- Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908
- Beard v. RyanSupreme Court of Alabama · 1884
12 more not listed; retrieve them via the Exa API.