Perry v. Lawson
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. This was a statutory action of ejectment, brought by the appellee, Mildred C.. Lawson, against the appellant, Abner J. Perry, to recover certain lands specifically described in the complaint, and was instituted on March 19, 1895. The defendant pleaded the general issue and the statute of limitations and adverse possession for ten years.
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Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. This was a statutory action of ejectment, brought by the appellee, Mildred C.. Lawson, against the appellant, Abner J. Perry, to recover certain lands specifically described in the complaint, and was instituted on March 19, 1895. The defendant pleaded the general issue and the statute of limitations and adverse possession for ten years. The other facts of the case are sufficiently stated in the opinion. There were verdict and judgment for the plaintiff. The defendant appeals, and assigns as error, among other…
1Opinion of the CourtHead, J.
The only meritorious question for decision in this case upon the trial was, whether the appellant — defendant below — had acquired title to the lands sued for, by adverse possession for ten years. The circuit judge held, as a matter of law, upon the evidence, that the defendant had failed to establish the acquisition of a title in that way, and, accordingly gave the affirmative charge for the plaintiff. The evidence, if' believed, established, without conflict, that in January, 1885, one Handley obtained possession of the lands in controversy from the plaintiff-, a married woman, under a…
2Cases cited2 opinions
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3Cited by12 opinions
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- Tensaw Land & Timber Co. v. CovingtonSupreme Court of Alabama · 1965
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