Hodges v. Hodges
Supreme Court of Alabama
Ejectment. Appeal from Birmingham City Court. Heard before Hon. O. C. Nesmith. ■ Ejectment by Alice Hodges against William Hodges. Judgment for plaintiff and defendant appeals. The possession of the lands by the appellant and her husband prior to the possession of the appellees, or either of them, was sufficient to support an action of ejectment.
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Ejectment. Appeal from Birmingham City Court. Heard before Hon. O. C. Nesmith. ■ Ejectment by Alice Hodges against William Hodges. Judgment for plaintiff and defendant appeals. The possession of the lands by the appellant and her husband prior to the possession of the appellees, or either of them, was sufficient to support an action of ejectment. In Higdon v. Kinnemore, 120 Ala. 193, the following language is used: “Possessor of land, however recent, is prima facie evidence of title, will support an action for an injury to a freehold, or for the recovery of possession against one who dues not…
1Opinion of the CourtMcCLELLAN, J.
Joel Hodges died in February, 1903. He left surviving a widow, the plaintiff-appel*14lant, and four children, all adult at the time of his, death. At his decease he owned and occupied, as a homestead, 80 acres of land, the value of which was less than $2,000. Under and by virtue of the statute (Code 1896, § 2071), the fee to the' entire homestead of 80 acres immediately vested in the widow, and so without judicial action of any kind. Code 1907, § 4198, malees changes in the former statute — Code of 1896, § 2071- — - the effect of which it is not necessary at this time to consider. In June, 1908,…
2Cases cited2 opinions
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- Miles v. LeeSupreme Court of Alabama · 1913
- Cade v. GraffoSupreme Court of Alabama · 1933
- Hodges v. HodgesSupreme Court of Alabama · 1918
- Hall v. HallSupreme Court of Alabama · 1911
- Thompson v. PageSupreme Court of Alabama · 1951
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