Spragins v. Fitcheard
Supreme Court of Alabama
Appeal from Circuit Court, Madison County; O. Kyle, Judge. Ejectment by Robert E. Spragins' against Kick Fitcheard. Judgment for the defendant, and plaintiff appeals.
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Appeal from Circuit Court, Madison County; O. Kyle, Judge. Ejectment by Robert E. Spragins' against Kick Fitcheard. Judgment for the defendant, and plaintiff appeals. Where both claim from a common source, estopped to deny or dispute title of that source, and neither need trace title beyond that source. 73 South. 197; 75 South. 908; 190 Ala. 597, 67 South. 403. Plaintiff was entitled to show that defendant claimed from the same common source. 190 Ala. 597, 67 South. 403. If there was evidence from which the jury could infer that defendant claimed from the common source, defendant cannot deny…
1Opinion
In their brief on rehearing attorneys for appellee contend that the last clause of section 2830 of the Code, viz., "Nor [shall this section be construed as applying] to cases involving a question as to boundaries between coterminous owners," was intended to mean that the preceding provisions of the section, viz., "adverse possession cannot confer or defeat title to land unless the party setting it up shall show that a deed or other color of title purporting to convey title to him has been duly recorded," etc., and several other alternatives therein mentioned — that the concluding clause,…
2Cases cited6 opinions
- Hopkins v. DuggarSupreme Court of Alabama · 1920
- Smith v. BachusSupreme Court of Alabama · 1918
- Carpenter v. JoinerSupreme Court of Alabama · 1907
- Jeffreys v. JeffreysSupreme Court of Alabama · 1913
- Butt v. MastinSupreme Court of Alabama · 1904
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