Thompson v. Logan
Supreme Court of Alabama
Appeal from Macon Circuit Court. Heard before Hon. S'. L. Brewer. Ejectment by E. W. Thompson and another against Warren Logan. Judgment for defendant and plaintiffs appeal.
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Appeal from Macon Circuit Court. Heard before Hon. S'. L. Brewer. Ejectment by E. W. Thompson and another against Warren Logan. Judgment for defendant and plaintiffs appeal. Declarations made by a party in possession as to his title or interest are admissible in evidence. — Humes v. O’Brien, 74 Ala. 64; Fountain, et al. v. Beers, et al., 19 Ala. 728. In the absence of evidence that a grantor is in possession of land at the time he makes a. deed thereto, such deed is not admissible. — Warvelle on Ejectment, sec. 222. Such deed is not admissible as color of title. — Anniston O. L. Go. v.…
1Opinion of the CourtSimpson, J.
This is a statutory action of eject? ment by the appellants against the appellee. The plaintiffs claim as the heirs of Waddy Thompson, and the defendant traces his title through some of the heirs of J. W. Boyd. The evidence is without conflict that originally the land in controversy, which was pine timbered land, without any improvement on it, was owned by J. W. Boyd, and that said Waddy Thompson owned another tract, known as the “Hayden place.”
It is shown by a deed introduced in evidence, that on October 24, 1866, said Waddy Thompson conveyed the Hayden place to said Boyd, reciting a money…
2Cases cited6 opinions
- Chastang v. ChastangSupreme Court of Alabama · 1904
- Clark v. GilbertSupreme Court of Connecticut · 1872
- Thomson v. ThomsonCourt of Appeals of Kentucky · 1892
- Dausch v. CraneSupreme Court of Missouri · 1891
- Trotter v. NealSupreme Court of Arkansas · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Holden v. PageSupreme Judicial Court of Maine · 1919