Crowder v. Doe ex dem. Tennessee C. I. & R. R. Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard, before Hon. C. W. Ferguson. Ejectment by the Tennessee Coal Iron & Railway Company, against R. U. Crowder. Judgment for plaintiff and defendant appeals.
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Appeal from Birmingham City Court. Heard, before Hon. C. W. Ferguson. Ejectment by the Tennessee Coal Iron & Railway Company, against R. U. Crowder. Judgment for plaintiff and defendant appeals. Actual possession of any part of land under color of title extends to the limit and boundaries defined in the color of the title with the exception that it may not embrace such as may be adversely held by another. — Anniston >Oo. v. Edmonson, 127 Ala. 464; Barrett v. Kelly, 131 Ala. 378, and Authorities cited. The essential elements of adverse possession are, 1st: The possession must be hostile; 2nd:…
1Opinion of the CourtMayfield, J.
The trial court was clearly in error in giving the general affirmative charge for the plaintiff. The real question at issue was whether or not the defendant, and those under whom he claimed title, had been in the adverse possession of the land sued for for 10 years prior to the suit, so as to perfect title thereto in the defendant. Under any and all of the evidence this was a disputed question of fact and not one of law. The jury only, and not the court, should have decided this issue.
The plaintiff, by the bringing of his suit, admitted that defendant was then in possession. His possession he…
2Cases cited13 opinions
- Wright v. MattisonSupreme Court of the United States · 1856
- Baucum v. GeorgeSupreme Court of Alabama · 1880
- Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
- Normant v. Eureka Co.Supreme Court of Alabama · 1893
- Black v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Philbin v. CarrIndiana Court of Appeals · 1920
- City of Barnesville v. StaffordSupreme Court of Georgia · 1926
- Spradling v. MaySupreme Court of Alabama · 1953
- Brannan v. HenrySupreme Court of Alabama · 1912
- Morrison v. LinnMontana Supreme Court · 1915
20 more not listed; retrieve them via the Exa API.