Jordan v. Smith
Supreme Court of Alabama
Ejectment by Kate Appleton Jordan against R. R. Smith. Judgment for defendant and plaintiff appeals. Under the evidence there could be no adverse possession of these lands as against the remaindermen until after the termination of the life estate. — Gindrai v. Wes.
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Ejectment by Kate Appleton Jordan against R. R. Smith. Judgment for defendant and plaintiff appeals. Under the evidence there could be no adverse possession of these lands as against the remaindermen until after the termination of the life estate. — Gindrai v. Wes. Ry., 96 Ala. 162. Defendant failed to discharge the burden of proof resting upon him under his claim of adverse possession. — Scales v. Otts, 127 Ala. 582; Walker v. Wyman, 157 Ala. 478; Brasher v. Shelby I. Go., 144 Ala. 659. It is essential that the party claiming under adverse possession show that he is within the provision of…
1Opinion of the CourtSome'Bville, J.
The action is ejectment, and the only land in dispute is a 30-foot strip on the south side of section 2, township 11, range 9, in Cherokee county.
Plaintiff showed a regular paper title to the S. y2 of the S. E. % of section 2, and defendant’s title to the northern part of section 11, just south of plaintiff’s land, was without dispute. Defendant claimed the disputed strip solely by virtue of adverse possession, and the decisive question of law in the case is whether his possession was adverse and effectual to defeat plaintiff’s title, in the absence of a declaration of adverse claim filed as…
2Cases cited1 opinion
- Doe ex dem. Holt v. AdamsSupreme Court of Alabama · 1898
3Cited by10 opinions
- McGough Bakeries Corporation v. ReynoldsSupreme Court of Alabama · 1948
- J. C. Byram & Co. v. LivingstonSupreme Court of Alabama · 1932
- Parrish v. DavisSupreme Court of Alabama · 1957
- H. J. Crenshaw & Co. v. Seaboard Air Line Ry. Co.Supreme Court of Alabama · 1929
- State v. BroosSupreme Court of Alabama · 1952
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