McCall v. Doe ex dem. Pryor
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Tried before the Hon. Geo. W, Stone. This was an action of ejectment instituted by the defendant against the plaintiff' in error to recover the possession of a parcel of land in the county of Lowndes.
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Error to the Circuit Court of Lowndes. Tried before the Hon. Geo. W, Stone. This was an action of ejectment instituted by the defendant against the plaintiff' in error to recover the possession of a parcel of land in the county of Lowndes. The facts are sufficiently stated in the opinion of the court. 1. Plaintiff in an action of ejectment must recover on the strength of his owm title, and if this is not sufficient to enable him to maintain the action, it is unimportant what the title of the defendant is. — Brock et al. v. Younge et al. 4 Ala. 584. 2. Henry Hall’s possessory interest was gone…
1Opinion of the CourtParsons, J.
Possession of land is prima facie evidence of right. A prior possession under a claim of right short of the *537period which creates a bar under the statute of limitations, will prevail over a subsequent possession, when no other evidence of title appears on either side. — Smith v. Lorillard, 10 Johns. 339.
It appears that Henry M. Hall went into possession of the land'for which this action was brought in the year 1833, and made valuable improvements and built a fine house thereon. It also appears that the defendant below, who is the plaintiff in error, was subsequently in possession, but without…
2Cases cited1 opinion
- Griffin v. Doe ex dem. StoddardSupreme Court of Alabama · 1848
3Cited by16 opinions
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908
- Ashmead v. WilsonSupreme Court of Florida · 1886
- Morris v. HallSupreme Court of Alabama · 1868
- Wilson v. GlennSupreme Court of Alabama · 1880
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