Dodge v. Irvington Land Co.
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saefold Berney. Ejectment by the Irvington Land Company, a corporation, against R, M. Dodge. Judgment for plaintiff and defendant appeals. The land sued for was the N. W. % and the W. % of the N. E. % of section 27, tOAvnship 6, range 3. The defendant admitted plaintiff’s right under the evidence to recover the W. V2 of the N. E. %, and as to the other land he interposed the plea of not guilty.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saefold Berney. Ejectment by the Irvington Land Company, a corporation, against R, M. Dodge. Judgment for plaintiff and defendant appeals. The land sued for was the N. W. % and the W. % of the N. E. % of section 27, tOAvnship 6, range 3. The defendant admitted plaintiff’s right under the evidence to recover the W. V2 of the N. E. %, and as to the other land he interposed the plea of not guilty. Plaintiff’s evidence showed that Bradford had a residence on the W. y2 of the N. W. % and occupied it from 1868 to 1873, under claim of…
1Opinion of the CourtTyson, C. J.
This case was tried by the judge without the intervention of a jnry. The determination of' all issues of fact was therefore submitted to him, and. his finding upon those issues is entitled to the same consideration as that of a verdict of a jury. Under the testimony it was open for the court to find that plaintiff was in the actual peaceable possession of the lands in controversy at the time the defendant entered thereon; no abandonment of the possession of them being shown. —Brand v. U. S. Car Co., 128 Ala. 579, 30 South. 60; Goodson v. Brothers, 111 Ala. 589, 20 South. 443. So then, the…
2Cases cited22 opinions
- Dothard v. DensonSupreme Court of Alabama · 1882
- Goodson v. BrothersSupreme Court of Alabama · 1895
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- Guilmartin v. WoodSupreme Court of Alabama · 1884
- Reddick v. LongSupreme Court of Alabama · 1899
17 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Sloss-Sheffield Steel & Iron Co. v. WilkesSupreme Court of Alabama · 1936
- Lathem v. LeeSupreme Court of Alabama · 1947
- Owen v. MoxonSupreme Court of Alabama · 1910
- Lyons v. TaylorSupreme Court of Alabama · 1936
- Brunswick Land Corp. v. PerkinsonCourt of Appeals of Virginia · 1926
25 more not listed; retrieve them via the Exa API.