Marietta Fertilizer Co. v. Blair
Supreme Court of Alabama
Appeal from Clay Circuit Court. Heard before Hou. John Pelham. Ejectment by tbe Marietta Fertilizer Company against R. W. Blair and others. Judgment for defendants and plaintiffs appeal. Under section 5361, Code 1907, the appellant is entitled to have the conclusion and judgment of the lower court on the evidence reviewed without any presumption favorable to the court below. Under the facts in this case, the doctrine declared in Lawrence v. Ala.
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Appeal from Clay Circuit Court. Heard before Hou. John Pelham. Ejectment by tbe Marietta Fertilizer Company against R. W. Blair and others. Judgment for defendants and plaintiffs appeal. Under section 5361, Code 1907, the appellant is entitled to have the conclusion and judgment of the lower court on the evidence reviewed without any presumption favorable to the court below. Under the facts in this case, the doctrine declared in Lawrence v. Ala. St. L. Co. 144 Ala. 524, must'prevail. The plaintiff established a complete chain of title to the land, and under the doctrine established in the…
1Opinion of the CourtMcCLELLAN, J.
Statutory ejectment, by appellant against appellees, to recover the E. ;,/2 of section 6, township 22, range 6, in Clay county, Ala. The trial was by the court without jury. Upon the whole evidence there can be no reasonable doubt that since 1860 (and probably before) the predecessors, in asserted right, of the appellees Donaldson and the named appellees have been in the actual adverse possession, at least under color of title, of approximately 20 acres of the 320-acre tract in controversy. It is now urged upon the authority of Lawrence v. Alabama State Land Co., 144 Ala. 524, 41 South. 612,…
2Cases cited25 opinions
- Stanley v. GadsbySupreme Court of the United States · 1836
- Hicks v. ColemanCalifornia Supreme Court · 1864
- Chandler v. SpearSupreme Court of Vermont · 1850
- Baucum v. GeorgeSupreme Court of Alabama · 1880
- Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
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3Cited by11 opinions
- Tensaw Land & Timber Co. v. RiversSupreme Court of Alabama · 1943
- Green v. MarlinSupreme Court of Alabama · 1929
- Spradling v. MaySupreme Court of Alabama · 1953
- Hurt v. GivenSupreme Court of Alabama · 1983
- McCay v. ParksSupreme Court of Alabama · 1918
6 more not listed; retrieve them via the Exa API.