Chevalier v. Carter
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before I-Ion. Wm. S. Anderson. Action of ejectment by Wm. A. Carter and others against Geo. Chevalier.
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Appeal from Mobile Circuit Court. Tried before I-Ion. Wm. S. Anderson. Action of ejectment by Wm. A. Carter and others against Geo. Chevalier. The facts are stated in the opinion. contended, that the court should not have taken from the jury the consideration of AArhether the appellees, (plaintiffs ) had possession or not and charge them as a matter of laAV that the mere fact that the plaintiffs had the land enclosed and Avere claiming it openly, notoriously and adversely, conferred upon them a title upon which they could recover.
1Opinion of the CourtDowdell, J.
— This cause lias been once befqre in this court on appeal; Carter v. Chevalier, 108 Ala. 563. So far as*the record discloses the evidence had upon this trial is substantially the same, except that perhaps it more clearly establishes the plaintiff's right of recovery of the land in controversy. Adopting the conclusion reached upon the former appeal, we deem it unnecessary to here reiterate in whole what was there said. It was noted on the first appeal, in the opinion by Haralson J., that while the land which was particularly described in the complaint by metes and bounds was located in…
2Cases cited5 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Yarborough's Adm'r v. AvantSupreme Court of Alabama · 1880
- Carter v. ChevalierSupreme Court of Alabama · 1895
- Rivers v. ThompsonSupreme Court of Alabama · 1869
- Probst v. BushSupreme Court of Alabama · 1896