Murray v. Hoyle
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. ¥m. E. Clarke. This is a statutory real action in the nature of ejectment brought by the appellant, Hugh Murray, against the appellee, George H. Hoyle; and sought to recover a certain lot in the city of Mobile, specifically described in the complaint. • The plaintiff based his right of recovery on two grounds, viz.: first, actual possession under claim of title at the time of entry by defendant oh May 29th, 1889;…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. ¥m. E. Clarke. This is a statutory real action in the nature of ejectment brought by the appellant, Hugh Murray, against the appellee, George H. Hoyle; and sought to recover a certain lot in the city of Mobile, specifically described in the complaint. • The plaintiff based his right of recovery on two grounds, viz.: first, actual possession under claim of title at the time of entry by defendant oh May 29th, 1889; and secondly, the continuous, open, notorious and adverse possession of the lot sued for for more than twenty years,…
1Opinion of the CourtClopton, J.
The following proprositions should be regarded as too firmly established by the former rulings of this court to admit of discussion:
First: Possession of land under claim of right or ownership, distinct from, and hostile to the title of the true owner, is adverse possession, neither claim of the real title in good faith nor color of title being essential; and such actual possession, being an open and patent fact, furnishes evidence of its own existence, and is the equivalent of actual notice of the claim under which it is held. — Newsome v. Snow, 91 Ala. 641; 8 So. Rep. 377; Bernstein v.…
2Cases cited10 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Doe ex dem. Farmer's Heirs v. EslavaSupreme Court of Alabama · 1847
- Childress v. CallowaySupreme Court of Alabama · 1884
- Echols v. HubbardSupreme Court of Alabama · 1890
- Wilson v. GlennSupreme Court of Alabama · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Park v. SweetenCourt of Appeals of Texas · 1954
- Gerald v. HayesSupreme Court of Alabama · 1920
- Perolio v. Doe ex dem. Woodward Iron Co.Supreme Court of Alabama · 1916
- Stringfellow v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1897
- Mahan v. SmithSupreme Court of Alabama · 1907
7 more not listed; retrieve them via the Exa API.