Turnipseed v. Fitzpatrick
Supreme Court of Alabama
Appeal from Bullock Circuit Court. Tried before lion. Ií. D. ClaytoN. This was a statutory real action in the nature of ejectment, by Bird and James Fitzpatrick against D. C. Turnipseed, to recover a tract of land situate in the county of Bullock, in this State; and was commenced on 18th March, 1882. The defendant pleaded not guilty, and also suggested upon the record “that he had been in the adverse possession of the land sued for, for more than three years next before the…
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Appeal from Bullock Circuit Court. Tried before lion. Ií. D. ClaytoN. This was a statutory real action in the nature of ejectment, by Bird and James Fitzpatrick against D. C. Turnipseed, to recover a tract of land situate in the county of Bullock, in this State; and was commenced on 18th March, 1882. The defendant pleaded not guilty, and also suggested upon the record “that he had been in the adverse possession of the land sued for, for more than three years next before the commencement of this suit, claiming the same as his own, and that he had made valuable improvements thereon.”' The trial…
1Opinion of the CourtSomerville, J.
The title of the plaintiffs to the lands in controversy, which they claim by inheritance as the heirs at law of Bird Fitzpatrick, deceased, is unquestionably good, unless it has been divested by some one of the several proceedings in the probate court, which are relied on by the defendant for this purpose. These defenses we proceed now to consider.
In the first place, we have no hesitation in deciding that the proceedings in the probate court of Pike county, in the year 1872, decreeing a sale of these; lands for distribution among the joint owners, or tenants in common, under the provisions of…
2Cases cited11 opinions
- Casey v. AdamsSupreme Court of the United States · 1880
- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
- Landford v. DunklinSupreme Court of Alabama · 1882
- New Orleans & Selma Railroad v. JonesSupreme Court of Alabama · 1880
- Dozier v. MitchellSupreme Court of Alabama · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
- Prestwood v. WatsonSupreme Court of Alabama · 1895
- Reeves v. BrooksSupreme Court of Alabama · 1885
- Ferris v. Montgomery Land & Improvement Co.Supreme Court of Alabama · 1891
- Dewalt v. ClineSupreme Court of Oklahoma · 1912
12 more not listed; retrieve them via the Exa API.