Burrus v. Meadors
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by P. A. Burrus, three minor children AArho sued by him as their next friend, and T. E. Blanchard, against B. F. Meadors, J. B. Meadors, and Lewis Meadors, to recover the possession of a tract of land containing about 85 acres, particularly described in the complaint, and was commenced on the 27th August, 1885. The land was part of a tract which had belonged to Isham…
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Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by P. A. Burrus, three minor children AArho sued by him as their next friend, and T. E. Blanchard, against B. F. Meadors, J. B. Meadors, and Lewis Meadors, to recover the possession of a tract of land containing about 85 acres, particularly described in the complaint, and was commenced on the 27th August, 1885. The land was part of a tract which had belonged to Isham Meadors, who died in the latter part of the year 1878, or early in 1879; and whose last will and testament Avas duly proved…
1Opinion of the Court
STONE, O. J.
The question propounded to the witness Murphy on cross-examination, is not so clearly stated as that we can feel safe in ruling on it.
Considering all the testimony in this case, we feel justified in inferring that defendant B. F. Meadors went into possession of the land in controversy under and with the consent of his father. The fact, unexplained, that the father continued to pay the taxes on the land until his death, showed that he had not relinquished all claim to it. Acquiring possession, not by purchase, but permissively under his father, it requires more than the exercise of…
2Cases cited3 opinions
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
- Newbold v. SmartSupreme Court of Alabama · 1880
- Meadows v. MeadowsSupreme Court of Alabama · 1886
3Cited by11 opinions
- Campbell v. Everhart.Supreme Court of North Carolina · 1905
- Johns v. JohnsSupreme Court of Alabama · 1890
- White v. WilliamsSupreme Court of Alabama · 1954
- Trufant v. White & Co.Supreme Court of Alabama · 1892
- Glens Falls Ins. Co. of New York v. GarnerSupreme Court of Alabama · 1934
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