McCreary v. Jackson Lumber Co.
Supreme Court of Alabama
Ejectment. Appeal from Covington Ci-i cnit Court. Heard before Hon. H. A. Pearce. Ejectment by Ida McCreary and others against the Jackson Lumber Company. From a judgment in favor of defendant, plaintiffs appeal. — The court erred in giving the general affirmative charge for the defendant, as it was a question for the jury as to whether or not the plaintiff had shown .a, superior title in this case.— ZuncLlo v. Baldwin, 114 Ala. 428; Jackson Lbr.
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Ejectment. Appeal from Covington Ci-i cnit Court. Heard before Hon. H. A. Pearce. Ejectment by Ida McCreary and others against the Jackson Lumber Company. From a judgment in favor of defendant, plaintiffs appeal. — The court erred in giving the general affirmative charge for the defendant, as it was a question for the jury as to whether or not the plaintiff had shown .a, superior title in this case.— ZuncLlo v. Baldwin, 114 Ala. 428; Jackson Lbr. Go. v. McCreary, 187 Ala. 279; 76 Ala. 280. A title acquired by ten years adverse possession under color of title descends to the heirs of M. M.…
1Opinion of the CourtAnderson, J.
— When this case was here before, the court reiterated the doctrine, so often laid down by the courts of the land, “that a plaintiff in ejectment must recover upon the strength of his own title and must- show a valid title in himself, whether the defendant’s title be valid or not; and, the defendant being in *250possession, tlie plaintiff cannot recover against Mm without showing a, better muniment of title to the land than his or that he has acquired title by adverse possession.”—Jackson Lumber Co. v. McCreary, 137 Ala. 278, 34 South. 850. Upon the former appeal this court held that the…
2Cases cited9 opinions
- Chastang v. ChastangSupreme Court of Alabama · 1904
- Sabariego v. MaverickSupreme Court of the United States · 1888
- Heflin v. BinghamSupreme Court of Alabama · 1876
- Jackson Lumber Co. v. McCrearySupreme Court of Alabama · 1902
- Green v. JordanSupreme Court of Alabama · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Green v. MarlinSupreme Court of Alabama · 1929
- Spradling v. MaySupreme Court of Alabama · 1953
- Alexander City U. W. & S. Co. v. Central of Ga. Railway Co.Supreme Court of Alabama · 1913
- Griffin v. BozemanSupreme Court of Alabama · 1937
27 more not listed; retrieve them via the Exa API.