Spragins v. Fitcheard
Supreme Court of Alabama
Appeal from Circuit Court, Madison County; O. Kyle, Judge. Ejectment by Robert E. Spragins' against Kick Fitcheard. Judgment for the defendant, and plaintiff appeals.
Read the full summary
Appeal from Circuit Court, Madison County; O. Kyle, Judge. Ejectment by Robert E. Spragins' against Kick Fitcheard. Judgment for the defendant, and plaintiff appeals. Where both claim from a common source, estopped to deny or dispute title of that source, and neither need trace title beyond that source. 73 South. 197; 75 South. 908; 190 Ala. 597, 67 South. 403. Plaintiff was entitled to show that defendant claimed from the same common source. 190 Ala. 597, 67 South. 403. If there was evidence from which the jury could infer that defendant claimed from the common source, defendant cannot deny…
1Opinion of the Court
Plaintiff (appellant) sued defendant in statutory ejectment for the recovery of 11.62 acres of land described by metes and bounds as follows:
"Beginning at a stake twenty-eight and forty-hundredths (28.40) chains north of the southeast corner of section thirty (30), township five (5) south, range one (1) west, on section line; thence south," etc.
Further the land was described in plaintiff's declaration as "being a strip of land off the north and of that certain tract of land conveyed to Mourning T. Hembee by deed of J. H. J. Williams," etc., wherein the land conveyed (by Williams) was…
2Cases cited9 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Florence Cotton & Iron Co. v. FieldSupreme Court of Alabama · 1894
- Brown v. CockerellSupreme Court of Alabama · 1858
- Hopkins v. DuggarSupreme Court of Alabama · 1920
- Pollard v. CockeSupreme Court of Alabama · 1851
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Rose v. MagroSupreme Court of Alabama · 1929
- Shepherd v. Scott's ChapelSupreme Court of Alabama · 1927
- Atlas Subsidiaries of Florida, Inc. v. KornegaySupreme Court of Alabama · 1972
- Calvert v. BynumSupreme Court of Alabama · 1951
- Cox v. BroderickSupreme Court of Alabama · 1923
13 more not listed; retrieve them via the Exa API.