Bailey's Adm'r v. Campbell
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Henry O. Speake. This action was brought by James Bailey, against Bichard Campbell, to recover the possession of a tract of land containing about 320 acres; and was commenced on the 24th June, 1882. The plaintiff died before the trial, and the action was revived in favor of E. A. Bailey as his administrator.
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Appeal from the Circuit Court of Madison. Tried before the Hon. Henry O. Speake. This action was brought by James Bailey, against Bichard Campbell, to recover the possession of a tract of land containing about 320 acres; and was commenced on the 24th June, 1882. The plaintiff died before the trial, and the action was revived in favor of E. A. Bailey as his administrator. The defendant pleaded not guilty, the statute of limitations of five years under a tax-deed, and adverse possession for three years, with the erection of valuable improvements ; and issue was joined on these several pleas. On…
1Opinion of the CourtSomerville, J.
— The record shows that the tax-deed, under which the defendant claims to have been in adverse possession, was executed, delivered, and recorded in March, 1877, or more than five years before the commencement of this suit. It may, therefore, be conceded that a prima facie case for recovery has been made out in favor of the defendant, admitting, as the evidence tends to prove, that he has continued in open and adverse possession of the land during the entire period. — Hughes v. Anderson, 79 Ala. 209, and cases there cited.
But it is contended that, when the defendant acquired the certificate of…
2Cases cited7 opinions
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Jones v. RandleSupreme Court of Alabama · 1880
- Johnston & Seats v. Smith's Adm'rSupreme Court of Alabama · 1881
- Doe ex dem. Hughes v. AndersonSupreme Court of Alabama · 1885
- Curtis v. SmithSupreme Court of Iowa · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Gilb v. O'NeillSupreme Court of Alabama · 1932
- Donnor v. QuartermasSupreme Court of Alabama · 1890
- Johns v. JohnsSupreme Court of Alabama · 1890
- Markstein v. SchilleciSupreme Court of Alabama · 1952
15 more not listed; retrieve them via the Exa API.