Gibson v. Gaines
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. J. J. CURTIS. Ejectment by S. J. Gaines and others against H. P. Gibson. Judgment for plaintiffs, and defendant appeals. The facts sufficiently appear.
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Appeal from Walker Circuit Court. Heard before Hon. J. J. CURTIS. Ejectment by S. J. Gaines and others against H. P. Gibson. Judgment for plaintiffs, and defendant appeals. The facts sufficiently appear. The following charges were refused to defendant: (2) The court instructs the jury that if you believe plaintiffs, or those with whom they may be in privity, and under whom they claim, stood by and saw other parties delivering title to the lands in question, cultivating and improving them for a period of ten years or more when there was no impediment to bringing suit and recovering them,.and…
1Opinion of the CourtThomas, J.
The judgment entry states that the defendant disclaimed as to the lands east of the wire fence and pleaded the general issue as to the other lands sued for. ■ On the trial the issue of fact was submitted to the jury, and from a verdict and judgment for plaintiffs defendant appeals, here assigning ruling on evidence and the refusal of requested written charges as error.
It was admitted that the lands in question were patented to H. P. Gaines, who held the same until his death in January, 1865, and that thereafter deed by all his heirs at law was made to George S. Gaines; that on 'May 6, 1885,…
2Cases cited16 opinions
- Maxwell Land Grant Co. v. DawsonSupreme Court of the United States · 1894
- Smith v. BachusSupreme Court of Alabama · 1915
- Bank of Phoenix City v. TaylorSupreme Court of Alabama · 1916
- Knight v. KnightIllinois Supreme Court · 1899
- McBride v. ThompsonSupreme Court of Alabama · 1845
11 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Miller v. WhittingtonSupreme Court of Alabama · 1918
- Lester v. JacobsSupreme Court of Alabama · 1925
- Dean v. County Board of EducationSupreme Court of Alabama · 1923
- Dulaney v. BurnsSupreme Court of Alabama · 1928
29 more not listed; retrieve them via the Exa API.