Johnson v. Oldham
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before the Hou. George E. Brewer. This was a statutory action of ejectment, brought by the appellees against the appellant, to recover certain specifically described lands. The plaintiffs sued as the heirs at law of Carter Oldham, deceased, and the defendant also claimed title to the land sued far from the same source.
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Appeal from the Circuit Court of Shelby. Tried before the Hou. George E. Brewer. This was a statutory action of ejectment, brought by the appellees against the appellant, to recover certain specifically described lands. The plaintiffs sued as the heirs at law of Carter Oldham, deceased, and the defendant also claimed title to the land sued far from the same source. The evidence for the plaintiffs tended to show that they were the onl;y heirs-at-law of Carter Oldham, deceased, who died some time before’ 1844. That at the time of his death, Carter Oldham owned and occupied the lands sued for as…
1Opinion of the CourtMcOLELLAN, C. J.
According to the undisputed evidence, Mrs. Oldham laid possession of the land in controversy from and after the death of her first husband, Carter Oldham, the ancestor of plaintiffs, and up to and beyond the time of her marriage to Wiley Bussell, under her right of quarantine -as the widow of said Carter; the premises constituting, in part at least, the residence of the family at the'time of the latter’s death. It is equally free from. controversy that Wiley Bus-sell, the grantor -of the defendant, never received any conveyance of this land, and that neither he nor the defendant had or has…
2Cases cited6 opinions
- Doe ex dem. Shelton v. CarrolSupreme Court of Alabama · 1849
- Inge v. MurphySupreme Court of Alabama · 1848
- State Bank v. EllisSupreme Court of Alabama · 1857
- McGuire v. ShelbySupreme Court of Alabama · 1852
- Foy v. WellbornSupreme Court of Alabama · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Harkins & Co. v. LewisSupreme Court of Alabama · 1988
- Lecroix v. MaloneSupreme Court of Alabama · 1908
- Hays v. LemoineSupreme Court of Alabama · 1908
- Singley v. DempseySupreme Court of Alabama · 1949
- Perkins v. PerkinsWisconsin Supreme Court · 1921
1 more not listed; retrieve them via the Exa API.