Cox v. Davis
Supreme Court of Alabama
Error to the Circuit Court of Bibb. Tried before the Hon.. John D. Phelan. David E. Davis brought his action of trespass to try titles against Samuel H. Cox, in the Circuit Court of Bibb county, on the 20th day of March 1S4S. The lands sued for are lot number 1, in the town of Maplesville, in section 12, township 21, range 12, and also an adjoining lot, in range 13, in the south-west quarter of section 7, township 21 and range 13,' on the north side of the Tuskaloosa and…
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Error to the Circuit Court of Bibb. Tried before the Hon.. John D. Phelan. David E. Davis brought his action of trespass to try titles against Samuel H. Cox, in the Circuit Court of Bibb county, on the 20th day of March 1S4S. The lands sued for are lot number 1, in the town of Maplesville, in section 12, township 21, range 12, and also an adjoining lot, in range 13, in the south-west quarter of section 7, township 21 and range 13,' on the north side of the Tuskaloosa and Montgomery road,' and-immediately east of lot number one. The pleas were, not guilty, and the statute of limitations of ten…
1Opinion of the CourtParsons, J.
As Boyd had possession of the lots and made valuable improvements thereon, before the possession of the defendant below commenced, and as the plaintiff below derived bis title, by several successive conveyances from Boydy the former, upon these facts alone, could recover against Cox, the defendant below, who was in possession, without any title or claim of right. It was not necessary, in this case, to show a paper title in Boyd. — Badger v. Lyon, 7 Ala. 564; McCall v. Doe ex dem. Pryor, at this term. . The counsel for the plaintiff in error has, however, made many objections to the…
2Cases cited4 opinions
- Henry v. ThorpeSupreme Court of Alabama · 1848
- Mardis' Adr's v. ShacklefordSupreme Court of Alabama · 1842
- Badger v. LyonSupreme Court of Alabama · 1845
- Lightfoot v. Doe, on the Demise of the Heirs of LewisSupreme Court of Alabama · 1840
3Cited by18 opinions
- Snider v. BurksSupreme Court of Alabama · 1887
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
- Landers v. BoltonCalifornia Supreme Court · 1864
- Martin v. MartinSupreme Court of Alabama · 1860
- Rawls v. Doe ex dem. KennedySupreme Court of Alabama · 1853
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