Doe ex dem. Mills v. Clayton
Supreme Court of Alabama
Appeal from Lee Circuit Court. Tried before lion. H. D. Clayton. This was an action of ejectment by the’appellant against the appellees, and was commenced on 17th March, 1879. The defense relied on, and the facts disclosed bjfcthe evidence, necessary to an understanding of the points decided, are sufficiently stated in the opinion. . One of the witesses examined on behalf of the appellees, who had testified that, eight or nine years before the trial he, on the request of A.…
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Appeal from Lee Circuit Court. Tried before lion. H. D. Clayton. This was an action of ejectment by the’appellant against the appellees, and was commenced on 17th March, 1879. The defense relied on, and the facts disclosed bjfcthe evidence, necessary to an understanding of the points decided, are sufficiently stated in the opinion. . One of the witesses examined on behalf of the appellees, who had testified that, eight or nine years before the trial he, on the request of A. R. Lyon, went with Lyon to the lands sued for, was allowed by the court, against the appellant’s objection, to further…
1Opinion of the CourtStone, J.
— The plaintiff claims title under two demises; first, from Mills, and second, from Hooper. He offered no documentary title in either. He alleges, and offers some proof tending to show acts of ownership, or of possession, dating before any claim asserted by the defendants, or by Lyon, under whom they claim. The precise form in which ho seeks to establish this prior possession is, that as agent, or conditional purchaser from Mills, he placed tenants on the land, had improvments made, and that these tenants continued to occupy under him until the present action was brought — some ten years…
2Cases cited5 opinions
- Houston v. FarrisSupreme Court of Alabama · 1882
- Jones v. RandleSupreme Court of Alabama · 1880
- Norwood v. Kirby's Adm'rSupreme Court of Alabama · 1881
- Anderson v. MelearSupreme Court of Alabama · 1876
- Boyd v. HunterSupreme Court of Alabama · 1870
3Cited by15 opinions
- Payne v. CrawfordSupreme Court of Alabama · 1893
- Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908
- Reddick v. LongSupreme Court of Alabama · 1899
- Kilpatrick v. Gulf Production Co.Court of Appeals of Texas · 1940
- Waller v. JonesSupreme Court of Alabama · 1894
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