Bowling v. Mobile & Montgomery Railway Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before tlie Hon. William S. Anderson. This was a statutory action of ejectment brought by the appellee against the appellants, Kate Bowling and her husband, E. D. Bowling, to recover certain lands specifically described in the complaint. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Mobile. Tried before tlie Hon. William S. Anderson. This was a statutory action of ejectment brought by the appellee against the appellants, Kate Bowling and her husband, E. D. Bowling, to recover certain lands specifically described in the complaint. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. Upon the introduction of all the evidence the court, at the request of plaintiff, gave to the jury several Avritten charges, to the giving of each of which the. defendant separately…
1Opinion of the CourtTyson, J.
This was an action in the nature of an action of ejectment brought against the defendants, appellants here, to recover the possession of certain land described in the complaint. The defendants filed a joint plea of not guilty and suggested upon the record that they had and have been in adverse possession of the land sued for, for three years next before the commencement of this suit. The appeal is prosecuted by them jointly, and the assignments of error are joint.
It is a settled rule that assignments of error made jointly by the appellants are not available unless the ’error is injurious to…
2Cases cited9 opinions
- Kimbrell v. RogersSupreme Court of Alabama · 1890
- Bienville Water Supply Co. v. City of MobileSupreme Court of Alabama · 1899
- Payne v. CrawfordSupreme Court of Alabama · 1893
- Beard v. RyanSupreme Court of Alabama · 1884
- Seymour & Co. v. FarquharSupreme Court of Alabama · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- Bowles v. LowerySupreme Court of Alabama · 1913
- Lehman v. GunnSupreme Court of Alabama · 1908
- Killian v. CoxSupreme Court of Alabama · 1902
- Banks v. WindhamAlabama Court of Appeals · 1913
10 more not listed; retrieve them via the Exa API.