Anderson v. Melear
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. John K. Henry. This action was brought by Mrs. Musan A. Melear, John M. Parham, and Susan A. Parham, to recover a town lot in Greenville, and was commenced on the 10th April, 1874. D. C. Anderson was made a defendant, on his own motion, as the landlord of the tenants in possession, and pleaded not guilty; and the trial was had on issue joined on that plea.
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Appeal from the Circuit Court of Butler. Tried before the Hon. John K. Henry. This action was brought by Mrs. Musan A. Melear, John M. Parham, and Susan A. Parham, to recover a town lot in Greenville, and was commenced on the 10th April, 1874. D. C. Anderson was made a defendant, on his own motion, as the landlord of the tenants in possession, and pleaded not guilty; and the trial was had on issue joined on that plea. “ On the trial,” as the bill of exceptions states, “the proof showed that John C. Parham went into possession of the land sued for in 1860, and continued in possession, claiming…
1Opinion of the CourtStone, J.
Deducting tbe time between January 11th, 1861, and September 21st, 18(55, from the period which elapsed between the time when the cause of action accrued, and the date of the writ in this case, the statute of limitations had not perfected a bar when the action was brought. Bev. Code, § 2900; Jones v. Nelson, 51 Ala. 471.
One who has had prior possession of lands, under claim of title, or exercising acts of ownership, may, upon that fact alone, maintain ejectment against one afterwards found in possession, unless the latter set up paramount title in himself, or in some other person. — 1 Brick.…
2Cases cited1 opinion
- Jones v. Nelson'sSupreme Court of Alabama · 1874
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