Gary v. Woodham
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. Jesse M. Cakmichael. This was a statutory action of ejectment, brought by the appellants against the appellees, for the recovery of certain specifically described lands, and was commenced September 23, 1892. Issue was joined upon the separate pleas of each of the defendants of adverse possession for more than ten years.
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Appeal from the Circuit Court of Henry. Tried before the Hon. Jesse M. Cakmichael. This was a statutory action of ejectment, brought by the appellants against the appellees, for the recovery of certain specifically described lands, and was commenced September 23, 1892. Issue was joined upon the separate pleas of each of the defendants of adverse possession for more than ten years. The testimony introduced tended to show, that in the year 1854 a patent to the lands sued for was issued by the United States Government to the plaintiffs’ father, who had since died, and that the plaintiffs are his…
1Opinion of the CourtMcCLELLAN, J.
This is a statutory action for the recovery of land. Plaintiffs’ original title is not controverted. But defendants claim title by adverse possession in themselves and those through whom the possession came to them for a period of more than ten years before suit brought. This possession was at all times under color of title transmitted from one to another of those whose possession is sought to be tacked on to that of defendants by conveyances formally adequate to pass title. The only question raised in this regard has reference to the continuity of the possession ; and that upon the following…
2Cases cited11 opinions
- Fugate v. PierceSupreme Court of Missouri · 1872
- Crispen v. HannavanSupreme Court of Missouri · 1872
- Louisville & Nashvile Railroad v. HurtSupreme Court of Alabama · 1893
- Bell v. DensonSupreme Court of Alabama · 1876
- Louisville & Nashville Railroad v. PhilyawSupreme Court of Alabama · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Reed v. Ridout's Ambulance, Inc.Supreme Court of Alabama · 1925
- Moorer v. MaloneSupreme Court of Alabama · 1946
- Hatfield v. RileySupreme Court of Alabama · 1916
- Wilson v. Federal Land Bank of New OrleansSupreme Court of Alabama · 1935
- Beasley v. HowellSupreme Court of Alabama · 1897
5 more not listed; retrieve them via the Exa API.