Hood v. Johnston

Statutory action of ejectment by appellee against appellant. Plaintiff claimed, as one of five heirs, by inheritance from John E. Johnston, and put in evidence a deed, dated March 2, 1898, from J. T. Self to plaintiff’s ancestor. Plaintiff made no effort to trace his title back to the government. Objection was taken against the deed fra the ground that the evidence failed to show that Self was iñ possession at the time of his deed. Self testified broadly that he was in possession, and this evidence was competent, since possession is a fact open to observation. Abbett v. Page, 92 Ala. 571, 9…