Wyman v. Walker
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Ejectment by Besie W. Walker against Elizabeth A. Wyman. Judgment for plaintiff and defendant appeals.
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Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Ejectment by Besie W. Walker against Elizabeth A. Wyman. Judgment for plaintiff and defendant appeals. Where a certain line between co-terminus owners is believed to be the true line, and there is a claim of ownership to such line, accompanied by possession of one of such owners, and this line has been treated as the dividing-line, such possession if open, notorious, exclusive and continuous, is adverse, and if continued for a period of ten years ripens into a title.- — Broion v. Cockrell, 33 Ala. 38; Bernstein v. Hume,…
1Opinion of the CourtSimpson, J.
This action of ejectment was originally brought by the appellee against the appellant, and was before this court at a previous term, in which the doctrine of adverse possession as between coterminous proprietors was fully discussed.—Walker v. Wyman, 157 Ala. 478, 47 South. 1011. The legal title is shown to be in the appellee; and the appellant (defendant below) rests upon the defense of adverse possession.
The defendant cannot claim under color of title, because the conveyances under which she claimed describe the land alloted to herself and predecessors as the S. E. % of section 3, township…
2Cases cited14 opinions
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Brown v. CockerellSupreme Court of Alabama · 1858
- Hess v. RudderSupreme Court of Alabama · 1897
- Childs v. NelsohWisconsin Supreme Court · 1887
- Doe ex dem. Holt v. AdamsSupreme Court of Alabama · 1898
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3Cited by5 opinions
- Smith v. BachusSupreme Court of Alabama · 1915
- Aldrich Mining Co. v. PearceSupreme Court of Alabama · 1915
- Hornsby v. TuckerSupreme Court of Alabama · 1913
- Harris v. ByrdSupreme Court of Alabama · 1918
- Baugh v. North Alabama Coal & Mineral Co.Supreme Court of Alabama · 1929