Christopher v. Curtis-Attalla Lumber Co.
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Heard before Hon. John W. Inzer. Ejectment by tlie Curtis-Attalla Lumber Company agaist Obal Christopher, revived after his death against G. E. Christopher and others, as his heirs. From a judgment for plaintiff, defendants appeal. The facts sufficiently appear from the opinion. The oral charge is set out in the opinion also.
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Appeal from Etowah Circuit Court. Heard before Hon. John W. Inzer. Ejectment by tlie Curtis-Attalla Lumber Company agaist Obal Christopher, revived after his death against G. E. Christopher and others, as his heirs. From a judgment for plaintiff, defendants appeal. The facts sufficiently appear from the opinion. The oral charge is set out in the opinion also. The following charges were requested by the defendant : (4) “The court charges the jury that a possession of land which does not exclude the owner is not such a possession as will constitute notice.” (5) “The court charges the jury that,…
1Opinion of the CourtSomerville, J.
The appellee sued the appellant in ejectment to recover possession of all of the timber of a certain size growing on certain lands. These lands were originally owned by one J. A. McDaniel, who sold the timber in question to one A. M. Lewin on February 28, 1903. Lewin’s deed was not recorded until April 10, 1909. Lewin in turn sold and conveyed the timber to the Curtis-Attalla Lumber Company, (plaintiff and appellee) on September 28, 1903, by deed recorded on October 17, 1903. On October 15, 1904, McDaniel sold and conveyed the lands of Avhicli this timber formed a part, by general description…
2Cases cited5 opinions
- McCarthy v. NicrosiSupreme Court of Alabama · 1882
- Heflin v. BinghamSupreme Court of Alabama · 1876
- Alabama City, Gadsden & Attalla Railway Co. v. BullardSupreme Court of Alabama · 1908
- O'Neal v. PrestwoodSupreme Court of Alabama · 1907
- Bolland v. O'NealSupreme Court of Minnesota · 1900
3Cited by24 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Aiken v. McMillanSupreme Court of Alabama · 1925
- Shepard v. Mount Vernon Lumber Co.Supreme Court of Alabama · 1915
- Lightsey v. StoneSupreme Court of Alabama · 1951
- Irwin v. ShoemakerSupreme Court of Alabama · 1920
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