Stringfellow v. Tennessee Coal, Iron & Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. S. H. Sprott. This was a common law action of ejectment, which was brought by the appellee against the appellant. There were three demises laid in the complaint. One rested upon a patent granted by the Government to the University of Alabama; another upon a deed from the DeBardelaben Coal & Iron Co.; and the third, was a deed from the DeBardelaben Coal & Iron Company to the plaintiff.
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Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. S. H. Sprott. This was a common law action of ejectment, which was brought by the appellee against the appellant. There were three demises laid in the complaint. One rested upon a patent granted by the Government to the University of Alabama; another upon a deed from the DeBardelaben Coal & Iron Co.; and the third, was a deed from the DeBardelaben Coal & Iron Company to the plaintiff. The facts upon which the parties base their respective claims are sufficiently shown in the opinion. The defendant objected to the introduction…
1Opinion of the CourtHaralson, J.
This suit is in ejectment at common law. It has been frequently held in this State, that a conveyance of lands which are at the time in the adverse possession of a third person, under claim of ownership, without color of title, even, while good as between the parties to the conveyance, is void as against the adverse holder, and the grantee can not recover against him in ejectment, though the grantor, whose deed is free from such infirmity, may maintain such action. It is also settled, that when there are several demises laid in the complaint, the lessor in each is presumed to assent to the…
2Cases cited7 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Murray v. HoyleSupreme Court of Alabama · 1890
- Knabe v. BurdenSupreme Court of Alabama · 1889
- Wiggins v. KirbySupreme Court of Alabama · 1894
- Wagnon v. FairbanksSupreme Court of Alabama · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- St. Clair Springs Hotel Co. v. BalcombSupreme Court of Alabama · 1926
- Weston v. WestonSupreme Court of Alabama · 1959
- Hellerud v. HauckIdaho Supreme Court · 1932
- Doe ex dem. Trotter v. MoogSupreme Court of Alabama · 1907
- Etowah Mining Co. v. Doe ex dem. CarlisleSupreme Court of Alabama · 1900
5 more not listed; retrieve them via the Exa API.