Walker v. Wyman
Supreme Court of Alabama
■ Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Ejectment by Bessie W. Walker against Elizabeth A. Wyman. Judgment for defendant, and plaintiff appeals.
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■ Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Ejectment by Bessie W. Walker against Elizabeth A. Wyman. Judgment for defendant, and plaintiff appeals. The action taken •here as. shown by the evidence was a fraud. — Kirk v. Smith, 9 Wheat, 288. A possession commencing without the hostile and adversary character required to put the true owner on notice and to call into activity measures to protect his property, especially where each went in under partition proceedings, is presumed to continue until notice to the contrary. — 1 Taylor on Evidence, Sec. 196; 1 Greenleaf, sec.…
1Opinion of the CourtSimpson, J.
— This action of ejectment was brought by the appellant against the appellee to recover a strip of land west of the southeast quarter of section 3, township 15, range 18, in Montgomery county. James A. Ware, the father of the plaintiff and of defendant’s first husband, originally owned both the southeast quarter and the southwest quarter of said section, in one tract. After the death of said father the said land was partitioned, in 1867, between the plaintiff, to whom was allotted the southwest quarter, and James Ware, Jr., the former husband of the defendant, to whom was allotted the…
2Cases cited14 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Dothard v. DensonSupreme Court of Alabama · 1882
- Brown v. CockerellSupreme Court of Alabama · 1858
- Hess v. RudderSupreme Court of Alabama · 1897
- Florence Building & Investment Ass'n v. SchallSupreme Court of Alabama · 1894
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Ashford v. McKeeSupreme Court of Alabama · 1913
- Cooper v. SlaughterSupreme Court of Alabama · 1912
- Gilb v. O'NeillSupreme Court of Alabama · 1932
- Markstein v. SchilleciSupreme Court of Alabama · 1952
7 more not listed; retrieve them via the Exa API.