Rivers v. Thompson
Supreme Court of Alabama
Appeal from Circuit Court of Barbour. Tried before Hon. J. McOaleb Wiley. This was a suit instituted by appellee against appellant, on 24th September, 1858, for the recovery of certain lands in Barbour county, of which Shorter & Scott were the original government patentees.
Read the full summary
Appeal from Circuit Court of Barbour. Tried before Hon. J. McOaleb Wiley. This was a suit instituted by appellee against appellant, on 24th September, 1858, for the recovery of certain lands in Barbour county, of which Shorter & Scott were the original government patentees. Shorter died in 1836, and Scott prior to 1853, in which year Scott’s administrator obtained from the probate court of Russell an order to sell at Clayton, Barbour county, the undivided half interest of his intestate in said lands. The sale was made 25th of June, 1853, to one Robertson, who paid purchase-money same year.…
1Opinion of the CourtB. F. Saffold, J.
The charge in chief, to which the appellant excepted entirely, asserted the following propositions: 1st. The evidence of the plaintiff entitled him to recover, unless his right to do so was defeated by something adduced by the defendant. 2d. The defendant’s tax title would be good if all the requirements of the law had been complied with. There was no question about what these requirements were. 3d. Actual, notorious, visible and continuous possession under color of title was necessary to constitute adverse possession. A tax title was sufficient color of title, if the possession was otherwise…
2Cases cited5 opinions
- Brown v. CockerellSupreme Court of Alabama · 1858
- Jackson ex dem. Noah v. Dickenson & ThompsonNew York Supreme Court · 1818
- Farley v. SmithSupreme Court of Alabama · 1863
- Johnson v. MaxeySupreme Court of Alabama · 1869
- Marston v. RoweSupreme Court of Alabama · 1869
3Cited by7 opinions
- Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
- Green v. MarlinSupreme Court of Alabama · 1929
- Childress v. CallowaySupreme Court of Alabama · 1884
- Echols v. HubbardSupreme Court of Alabama · 1890
- Feagin, Kendall & Co. v. JonesSupreme Court of Alabama · 1891
2 more not listed; retrieve them via the Exa API.