Abbett v. Page
Supreme Court of Alabama
Appear from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This was a statutory action in the nature of ejectment brought by the appellant, A. K. Abbett, against the appellees, Mattie Page et at, and sought to recover the possession of a certain lot specifically described in the complaint.
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Appear from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This was a statutory action in the nature of ejectment brought by the appellant, A. K. Abbett, against the appellees, Mattie Page et at, and sought to recover the possession of a certain lot specifically described in the complaint. Hattie Davis, on motion, made herself a party defendant to the bill as landlord of three of the original defendants, who were her ten ants upon a portion of the lot sued for; and she disclaimed as to the rest. The lot sued for was situated in the city of Montgomery, and its…
1Opinion of the CourtWalker, J.
The estoppel of a grantor, who remains in. possession of land after a conveyance with general warranty, to set up a claim to the land inimical to the rights of the-grantee, can not be extended so far as to prevent the grantor’s acquisition of title by a subsequent holding adverse to the' grantee; and the title so acquired by adverse possession does not pass to the grantee by operation of the covenants of warranty in the deed. The estoppel upon the grantor is similar to that operating in favor of a landlord as against his tenant so long' as that relation exists and is recognized between them.…
2Cases cited10 opinions
- Ewell v. DaggsSupreme Court of the United States · 1883
- Sherman v. . KaneNew York Court of Appeals · 1881
- Read v. PlattsmouthSupreme Court of the United States · 1883
- Ex parte BuckleySupreme Court of Alabama · 1875
- Wells v. SheererSupreme Court of Alabama · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Woodlawn Realty & Development Co. v. HawkinsSupreme Court of Alabama · 1914
- Kimball v. AndersonOhio Supreme Court · 1932
- Salter v. CobbSupreme Court of Alabama · 1956
- Hays v. LemoineSupreme Court of Alabama · 1908
- Caraker v. BrownSupreme Court of Georgia · 1922
21 more not listed; retrieve them via the Exa API.