Hess v. Rudder
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. William L. Stephens, Special Judge. This was a statutory action of ejectment, brought by the appellee, Sophronia E. Rudder, against the appellant, James A. Hess, to recover a 50 acre tract of land. The facts of the case are set forth at length in the opinion. Upon the introduction of all the evidence, the courtr at the request of the plaintiff, gave several written charges to the jury.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. William L. Stephens, Special Judge. This was a statutory action of ejectment, brought by the appellee, Sophronia E. Rudder, against the appellant, James A. Hess, to recover a 50 acre tract of land. The facts of the case are set forth at length in the opinion. Upon the introduction of all the evidence, the courtr at the request of the plaintiff, gave several written charges to the jury. The defendant separately excepted to the giving of each of these charges, and also separately excepted to the refusal by the court to give, among…
1Opinion of the CourtBrickell, C. J.
This was an action of ejectment instituted by appellee in February, 1897, to recover a fifty acre tract of land in Jackson county, and arose out of a dispute between'the owners of coterminous estates as to the division line between them. The defendant disclaimed possession of all that part of the land sued for lying west of a designated line, and pleaded not guilty as to the land lying east of said line. The land in controversy, as thus limited by the pleadings, consists of a narrow strip containing four or five acres, and the chief defense relied on was the adverse possession of said strip…
2Cases cited7 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Brown v. CockerellSupreme Court of Alabama · 1858
- Hoffman v. WhiteSupreme Court of Alabama · 1890
- Vandiver v. VandiverSupreme Court of Alabama · 1896
- Crampton v. PrinceSupreme Court of Alabama · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Smith v. CookSupreme Court of Alabama · 1929
- Smith v. BachusSupreme Court of Alabama · 1915
- Copeland v. WarrenSupreme Court of Alabama · 1926
- Ashford v. McKeeSupreme Court of Alabama · 1913
- Brantley v. HeltonSupreme Court of Alabama · 1932
32 more not listed; retrieve them via the Exa API.