Kerr v. Nicholas
Supreme Court of Alabama
Appeal from tbe Circuit Court of Mobile. Tried before the Hon. Vk. E. Clarke. This action was brought by Adrian Nicholas and others, children and heirs at law of E. A. Nicholas, deceased, to recover the possession of a small tract of land, particularly described in the complaint, with damages, or mesne profits; and was commenced on the 13th October, 1887. Mrs. Camilla Kerr was made a defendant in her own right, as landlord of. the tenants in possession, pleaded not guilty,…
Read the full summary
Appeal from tbe Circuit Court of Mobile. Tried before the Hon. Vk. E. Clarke. This action was brought by Adrian Nicholas and others, children and heirs at law of E. A. Nicholas, deceased, to recover the possession of a small tract of land, particularly described in the complaint, with damages, or mesne profits; and was commenced on the 13th October, 1887. Mrs. Camilla Kerr was made a defendant in her own right, as landlord of. the tenants in possession, pleaded not guilty, and made the statutory suggestion of adverse possession for three years, with the erection of valuable improvements; on…
1Opinion of the CourtMcCLELLAN, J.
We are unable to find in this record any evidence of exclusive possession of the land sued for in the appellants, or in those under whom they claim, prior to the death of Mary Ward, which occurred some time during the year 1884. On the contrary, it is shown that, up to that time, the possession, whether sole or joint is immaterial, Was in the ancestor of the plaintiffs below. There is some evidence that, subsequent to this event, E. A. Nicholas, through whom plaintiffs claim, while he continued to live on the premises, did so by the special permission, and in recognition of the claim of…
2Cases cited9 opinions
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1883
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- Learned v. CorleyMississippi Supreme Court · 1871
- Turnipseed v. FitzpatrickSupreme Court of Alabama · 1883
- Lunquest v. Ten EyckSupreme Court of Iowa · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Manning v. WingoSupreme Court of Alabama · 1991
- Alsworth v. Richmond Cedar WorksSupreme Court of North Carolina · 1916
- Ray v. FarrowSupreme Court of Alabama · 1924
- Headley v. McCallSupreme Court of Alabama · 1920
- Southern Cotton Oil Co. v. HenshawSupreme Court of Alabama · 1889
6 more not listed; retrieve them via the Exa API.