Ashford v. McKee
Supreme Court of Alabama
Appeal from Limestone Circuit Court. Ejectment by Thomas T. Ashford against Simp McKee. Judgment for defendant and plaintiff appeals.
Read the full summary
Appeal from Limestone Circuit Court. Ejectment by Thomas T. Ashford against Simp McKee. Judgment for defendant and plaintiff appeals. Where adjoining owners agree on a certain dividing line, one of them going into possession of the lands under the agreement, and remaining in possession up to such line uninterruptedly and exclusively, claiming to own them, for ten years, gets a title, which can be divested only by a conveyance, or by adverse possession by another for the statutory period. Pittman v. Pittman, 124 Ala. 306; Brown v. Cockerell, 33 Ala. 38; Hess v. Rudder, 117 Ala. 528; Tenn Coal,…
1Opinion of the CourtDowdell, C. J.
— 1. This is an action of ejectment between coterminous proprietors, involving a strip of land containing about 26 acres. Ashford’s muniments of title called for land in the northwest quarter of section 36, and McKee’s muniments called for land in the southwest quarter, just south of Ashford. Ashford sought to show by his evidence that this 26-acre strip of uninclosed woodland lay north of the line which had been long recognized as the quarter section line by him and his predecessors in title and also by McKee’s predecessors, and as being the true line between the two properties, and that he…
2Cases cited19 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Brown v. CockerellSupreme Court of Alabama · 1858
- Commonwealth v. Justices of the Court of SessionsMassachusetts Supreme Judicial Court · 1809
- Humes v. BernsteinSupreme Court of Alabama · 1882
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
14 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Watson v. StateCourt of Criminal Appeals of Alabama · 1980
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Board of Revenue v. MerrillSupreme Court of Alabama · 1915
- Eady v. StateCourt of Criminal Appeals of Alabama · 1972
38 more not listed; retrieve them via the Exa API.