Veitch v. Hard
Supreme Court of Alabama
Appeal from City Court of Bessemer; J. C. B. Gwin, Judge. Statutory ejectment by Georgia A. Veitch. against James H. Hard and others. Judgment for defendants, and plaintiff appeals. Plaintiff showed a paper title from the government into her deceased ancestor, and her succession thereto, but without any actual possession by either. Defendant claimed by adverse possession under color of title for 10 years.
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Appeal from City Court of Bessemer; J. C. B. Gwin, Judge. Statutory ejectment by Georgia A. Veitch. against James H. Hard and others. Judgment for defendants, and plaintiff appeals. Plaintiff showed a paper title from the government into her deceased ancestor, and her succession thereto, but without any actual possession by either. Defendant claimed by adverse possession under color of title for 10 years. Defendant introduced in evidence her color of title only a chain of six deeds from Georgy Smith (in 1885) down to Charles F. Hard, her immediate grandchild (in 1891), also of color of title…
1Opinion of the CourtSomerville, J.
Plaintiff showed a good paper title to the land sued upon, and the issue turned upon the sufficiency of defendant’s adverse possession to acquire a new and superior title.
It does not appear that any of the grantors or grantees in the chain of title which defendant claimed through George Smith, except Smith himself, ever had any possession, or exercised any act of ownership over the land. And -Smith’s possession of 18 months ceased about 1886. Defendant’s claim, therefore, depends entirely upon her own acts of possession since her purchase in 1902.
[1] A document offered as color of title is…
2Cases cited10 opinions
- Chastang v. ChastangSupreme Court of Alabama · 1904
- McCreary v. Jackson Lumber Co.Supreme Court of Alabama · 1906
- Farley v. SmithSupreme Court of Alabama · 1863
- Brannan v. HenrySupreme Court of Alabama · 1912
- National Bank v. Baker Hill Iron Co.Supreme Court of Alabama · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Grandin v. GardinerNorth Dakota Supreme Court · 1954
- Proctor Agency, Inc. v. AndersonSupreme Court of Alabama · 1978
- Hendricks v. BlakeSupreme Court of Alabama · 1973
- Mintz v. MillicanSupreme Court of Alabama · 1957
- Pfaffman v. CaseSupreme Court of Alabama · 1953
5 more not listed; retrieve them via the Exa API.