Dorlan v. Westervitch
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. S. Anderson. This was a statutory action of ejectment brought by the appellee, Elizabeth Westervitch, against the appeh lant, George Dorian, to recover certain lands, specific-, ally described in the complaint. The claim to title on the part of both the plaintiff and defendant was derived from adverse possession.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. S. Anderson. This was a statutory action of ejectment brought by the appellee, Elizabeth Westervitch, against the appeh lant, George Dorian, to recover certain lands, specific-, ally described in the complaint. The claim to title on the part of both the plaintiff and defendant was derived from adverse possession. The plaintiff’s right of possession was based upon a deed from one Joseph Rose to the plaintiff and her husband, by which deed the said Rose attempted to convey unto the plaintiff property which included the property…
1Opinion of the CourtHaralson, J.
1. L. R. Bart, shown to be the county surveyor, and one of experience for about twenty years, surveyed the land sued for in October, 1900, and made a map of it, which map was introduced in evidence and was before the witness when testifying. The plaintiff handed the witness plaintiff’s deed which he said he would offer in evidence, and asked the witness to state, “whether or not the land described in the complaint, [which was also handed the witness] is a part of the land described in the deed?” and the witness answered that it was. Before the answer the defendant objected to the question…
2Cases cited10 opinions
- Dothard v. DensonSupreme Court of Alabama · 1882
- Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
- Payne v. CrawfordSupreme Court of Alabama · 1893
- Black v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- National Bank v. Baker Hill Iron Co.Supreme Court of Alabama · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- McGuff v. StateSupreme Court of Alabama · 1946
- Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
- Jackson Lumber Co. v. ButlerSupreme Court of Alabama · 1942
- Lyons v. TaylorSupreme Court of Alabama · 1936
- Swindall v. FordSupreme Court of Alabama · 1913
10 more not listed; retrieve them via the Exa API.