Doe ex dem. Hooper v. Clayton
Supreme Court of Alabama
Appeal from tbe Circuit Court of Lee. Tried before tbe Hon. H. D. Clayton. This was ejectment by the appellant, Charles M. Hooper, against tbe appellees, Melissa J. Clayton, widow of A. B‘ Lyon, deceased, and others, tenants in possession, for the recovery of section 12, township 17, range 28, located in Lee county, Alabama.
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Appeal from tbe Circuit Court of Lee. Tried before tbe Hon. H. D. Clayton. This was ejectment by the appellant, Charles M. Hooper, against tbe appellees, Melissa J. Clayton, widow of A. B‘ Lyon, deceased, and others, tenants in possession, for the recovery of section 12, township 17, range 28, located in Lee county, Alabama. The suit was commenced March 17, 1879. The defendants pleaded tbe general issue, and, among other special pleas, the statute of limitations of five years, relating to suits for the recovery of lands sold for taxes. The evidence on the part of plaintiff tended to show,…
1Opinion of the CourtStone, C. J.
— The question of gravest importance in this case arises on the admissibility of the tax deed in evi*401denee. That deed was put in evidence, not as furnishing in itself, or by its unaided force, a complete title to the premises. Its purpose was to show color of title, the extent of the possession claimed, and in what right the defendant entered, and claimed the right to enter and hold possession. Under the rulings in Pugh v. Youngblood, 69 Ala. 296, and Stovall v. Fowler, 72 Ala. 77, we held that the deed was properly admitted, and that, when executed and recorded, it was sufficient color of…
2Cases cited17 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Wilkinson v. RoperSupreme Court of Alabama · 1883
- Daffron v. CrumpSupreme Court of Alabama · 1881
- Farris & McCurdy v. HoustonSupreme Court of Alabama · 1883
- Pearce v. ClementsSupreme Court of Alabama · 1882
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Crowder v. Doe ex dem. Tennessee C. I. & R. R. Co.Supreme Court of Alabama · 1909
- Granade v. United States Lumber & Cotton Co.Supreme Court of Alabama · 1931
- Owen v. MoxonSupreme Court of Alabama · 1910
- Daniels v. WilliamsSupreme Court of Alabama · 1912
- Green v. JordanSupreme Court of Alabama · 1887
13 more not listed; retrieve them via the Exa API.