Stovall v. Fowler
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. H. C. Speaice. This action was brought by Richard F. Fowler, against William H. Stovall, and was commenced before a justice of the peace, on the 24th March, 1880. Being removed by appeal into the Circuit Court, the plaintiff there filed a complaint, claiming twenty dollars “ as damages for cutting down two poplar trees by defendant, on land not his own, willfully and knowingly, without the consent of plaintiff,…
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Appeal from the Circuit Court of Jackson. Tried before the Hon. H. C. Speaice. This action was brought by Richard F. Fowler, against William H. Stovall, and was commenced before a justice of the peace, on the 24th March, 1880. Being removed by appeal into the Circuit Court, the plaintiff there filed a complaint, claiming twenty dollars “ as damages for cutting down two poplar trees by defendant, on land not his own, willfully and knowingly, without the consent of plaintiff, who was the owner of said land and treesand the same amount for “ taking away two poplar trees, from land not his own,”…
1Opinion of the Court
BRICKELL, 0. J.
-The validity of the title derived from the sale for the payment of taxes is not, in this case, a material inquiry. The conveyance obtained under it was admissible as color of title, and to show the extent of the possession which had been taken and held by the purchaser and his vendee. When there is an entry upon lands under color of title, by deed or other instrument in writing, and a continuous occupancy, in legal contemplation, there is “ actual possession to the extent of the boundaries contained in the writing; and' this, though the title' conveyed is good for nothing.”—2…
2Cases cited3 opinions
- Allen v. KellamSupreme Court of Alabama · 1881
- Cohen v. StateSupreme Court of Alabama · 1874
- Elliott v. StocksSupreme Court of Alabama · 1880
3Cited by18 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1886
- Aiken v. McMillanSupreme Court of Alabama · 1925
- Brannan v. HenrySupreme Court of Alabama · 1904
- Torrey v. ForbesSupreme Court of Alabama · 1891
- Tennessee Coal, Iron & Railroad v. LinnSupreme Court of Alabama · 1898
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