Smith v. Roberts
Supreme Court of Alabama
Appeal from Butler Circuit Court. Tried before Hon. John K. Henry. The appellees, Mary Roberts and others, brought this action against L. D. G. Smith and his wife, to recover the possession of certain premises in the city of Greenville, Alabama. The case was tried on the pleas of the general issue and the statute of limitations of ten years, and resulted in a judgment for the plaintiffs.
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Appeal from Butler Circuit Court. Tried before Hon. John K. Henry. The appellees, Mary Roberts and others, brought this action against L. D. G. Smith and his wife, to recover the possession of certain premises in the city of Greenville, Alabama. The case was tried on the pleas of the general issue and the statute of limitations of ten years, and resulted in a judgment for the plaintiffs. The plaintiffs claimed title to the premises by virtue of a deed to their father, M. M. Roberts, made in 1860, by one Black and his wife, who were shown to have been in possession of the premises at the time…
1Opinion of the CourtStone, J.
There is testimony in this record tending to show that Wood went into possession of the lot in controversy in 1861, and remained in actual possession about eight years ; that he, Wood, then conveyed to Boyd, who was in possession by her tenant for one or more years, and then conveyed to Smith, who entered into, and continued in possession until the present action was brought, in April, 1877; more than ten years after the statute of limitations commenced running after the war, September 21,1865. There is no proof of title of any kind in Wood; but the testimony tends to show that he made…
2Cases cited5 opinions
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Ladd v. DubrocaSupreme Court of Alabama · 1878
- Daniel v. DaySupreme Court of Alabama · 1874
- Bohannan v. ChapmanSupreme Court of Alabama · 1848
3Cited by20 opinions
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- Kidd v. BrowneSupreme Court of Alabama · 1917
- New Orleans & Selma Railroad v. JonesSupreme Court of Alabama · 1880
- Oliver v. WilliamsSupreme Court of Alabama · 1909
- Allen v. AllenWisconsin Supreme Court · 1883
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