McQueen v. Ivey
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. Robert Dougherty. This action was brought by William E. A. McQueen, against Samuel Ivey, to recover the possession of a certain tract of land described in the complaint, together with damages for its detention ; and was commenced on the 20th August, 1857. The defendant pleaded not guilty, and the statute of limitations of ten years.
Read the full summary
Appeal from the Circuit Court of Lowndes. Tried before the Hon. Robert Dougherty. This action was brought by William E. A. McQueen, against Samuel Ivey, to recover the possession of a certain tract of land described in the complaint, together with damages for its detention ; and was commenced on the 20th August, 1857. The defendant pleaded not guilty, and the statute of limitations of ten years. The evidence adduced on the trial, and the rulings of the court thereon, are thus stated in the bill of exceptions : “ The plaintiff proved, that Abram Adams purchased tbe lands now sued for from the…
1Opinion of the CourtR. W. Walker, J.
Where a party enters into the possession of land under a vendor’s bond, conditioned to make titles when the purchase-money is paid, his possession, so long as the purchase-money remains unpaid, is held to be in subordination to the title of the vendor ; and in an action by the latter for the recovery of the land, the vendee cannot claim the protection of the statute of limitations, on the ground of adverse possession under color of title. The very instrument under which the party enters and holds, shows upon its face that he cannot claim the land as his until he has paid the purchase-money. —…
2Cases cited6 opinions
- Seabury v. Doe ex dem. StewartSupreme Court of Alabama · 1853
- Briggs v. ProsserNew York Supreme Court · 1835
- Sellers v. HayesSupreme Court of Alabama · 1850
- Fosgate v. Herkimer Manufacturing & Hydraulic Co.New York Supreme Court · 1852
- Benson v. StewartMississippi Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Boykin v. SmithSupreme Court of Alabama · 1880
- Walker v. CrawfordSupreme Court of Alabama · 1881
- Farley v. SmithSupreme Court of Alabama · 1863
- Ormond v. MartinSupreme Court of Alabama · 1861
6 more not listed; retrieve them via the Exa API.