Eureka Co. v. Norment
Supreme Court of Alabama
ApPBAb from the Circuit Court of Jefferson. Tried before the Hon, Jambs J. Banks. This was a statutory action'in the nature of ejectment for the recovery of land, instituted by James M. Norment and others against the Eureka Company and others. The cause was tried in the court below by and before the presiding judge, without a jury, on the pleas of not guilty and the statute of limitation of ten years, and resulted in a j udgment for the plaintiffs.
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ApPBAb from the Circuit Court of Jefferson. Tried before the Hon, Jambs J. Banks. This was a statutory action'in the nature of ejectment for the recovery of land, instituted by James M. Norment and others against the Eureka Company and others. The cause was tried in the court below by and before the presiding judge, without a jury, on the pleas of not guilty and the statute of limitation of ten years, and resulted in a j udgment for the plaintiffs. The plaintiffs introduced in evidence a patent issued to James W. Norment, on a cash entry, dated June 1st, 1858, and plaintiffs were shown to be…
1Opinion of the CourtHaralson, J.
1. That the legal title to the lands in dispute had been in the plaintiffs in this action is not denied. The plaintiffs made out a prima facie case, and the defense depends upon establishing the plea of the statute of limitations of ten years, interposed by defendants .
The law as applicable to the facts of the case, and by which it is easily determinable, is so well settled as to need no further discussion. For the purposes in hand, we need to do no more than to restate some' of our oft repeated holdings on the subject. Recently we stated, as a summation of the authorities, that a claim of…
2Cases cited10 opinions
- Normant v. Eureka Co.Supreme Court of Alabama · 1893
- Farley v. SmithSupreme Court of Alabama · 1863
- Beard v. RyanSupreme Court of Alabama · 1884
- Lucy v. Tenn. & Coosa RailroadSupreme Court of Alabama · 1890
- Doe ex dem. Hughes v. AndersonSupreme Court of Alabama · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chastang v. ChastangSupreme Court of Alabama · 1904
- Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
- Elyton Land Co. v. DennySupreme Court of Alabama · 1895
- Downey v. North Alabama Mineral Development Co.Supreme Court of Alabama · 1982
- Lawrence v. Alabama State Land Co.Supreme Court of Alabama · 1905
4 more not listed; retrieve them via the Exa API.