Legal Opinion

Smith v. Bachus

Supreme Court of Alabama

Decided April 4, 1918No. 7 Div. 911PublishedCited by 33 opinions

Appeal from Circuit Court, Clay County; A. H. Alston, Judge. Ejectment by Hoyt B. Bachus and other's against J. \ an J. Smith. Judgment for plaintiffs, and defendant appeals.

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Appeal from Circuit Court, Clay County; A. H. Alston, Judge. Ejectment by Hoyt B. Bachus and other's against J. \ an J. Smith. Judgment for plaintiffs, and defendant appeals. The following is charge 10 given for plaintiff: I charge you - that defendant in this suit is not entitled to hold any land that he is in possession of, to which he has not shown a paper title, unless he or his predecessors in title were in actual adverse possession of for more than ten years prior to March 1893.

1Opinion of the CourtSayre, J.

This was a statutory action of ejectment. The pleadings and the evidence show that the contention between the parties arose out of a disputed boundary line, which might have been determined by the correct location of the government survey line between S. W. 1/4 of S. W. 1/4 of sec. 10, for which plaintiff (appellee) sued, and S. E. 1/4 of S. E. 1/4 of sec. 9, T. 18, R. 9, in the county of Clay, or on defendant’s (appellant’s) claim of title by adverse possession. There was, however, no formal suggestion that the suit arose over a disputed boundary line, as contemplated in the last part of…

2Cases cited4 opinions

  1. Smith v. BachusSupreme Court of Alabama · 1915
  2. Hoffman v. WhiteSupreme Court of Alabama · 1890
  3. Doe ex dem. Holt v. AdamsSupreme Court of Alabama · 1898
  4. Kretzer v. JacksonSupreme Court of Alabama · 1913

3Cited by33 opinions

  1. Smith v. CookSupreme Court of Alabama · 1929
  2. Kerlin v. Tensaw Land & Timber Co., Inc.Supreme Court of Alabama · 1980
  3. Lay v. PhillipsSupreme Court of Alabama · 1964
  4. Copeland v. WarrenSupreme Court of Alabama · 1926
  5. McNeil v. HaddenSupreme Court of Alabama · 1954

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