Barclay v. Smith
Supreme Court of Alabama
Appeal from tbe Circuit Court of Marshall. Tried before the Hon. John Henderson. This action was brought by Thomas O. Barclay, against William G. and James P. Smith, to recover a tract of land particularly described in the complaint, with damages for its detention ; and was commenced on the 13th June, 1877. The defendants pleaded, with other defenses, the statute of limitations of ten years; and issue was joined on that plea.
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Appeal from tbe Circuit Court of Marshall. Tried before the Hon. John Henderson. This action was brought by Thomas O. Barclay, against William G. and James P. Smith, to recover a tract of land particularly described in the complaint, with damages for its detention ; and was commenced on the 13th June, 1877. The defendants pleaded, with other defenses, the statute of limitations of ten years; and issue was joined on that plea. “On the trial,” as the bill of exceptions states, “ the proof showed that the lands sued for, lying in said county of Marshall, were sold and conveyed on the 1st day of…
1Opinion of the CourtStone, J.
The policy of our statutes of limitation is repose to titles. The benefits and immunities they confer, are for the repose of adverse holders, who have been in continuous possession, asserting ownership, for the length of time the statute prescribes. In favor of defendants, “ adverse possession, open, notorious, accompanied with acts of ownership, bars an action for the recovery of lands, without any reference to the bona fides or color of title, under which the adverse holder claims ownership.”—Smith v. Roberts, 62 Ala. 83. “ When the statute of limitations has completed a bar, it gives to…
2Cases cited5 opinions
- Merryman v. BourneSupreme Court of the United States · 1870
- Miller v. StateSupreme Court of Alabama · 1863
- Doe ex dem. Farmer's Heirs v. EslavaSupreme Court of Alabama · 1847
- Smith v. RobertsSupreme Court of Alabama · 1878
- Pratt v. PrattSupreme Court of the United States · 1878
3Cited by15 opinions
- O'Neal v. SeixasSupreme Court of Alabama · 1887
- Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
- Washington v. NorwoodSupreme Court of Alabama · 1900
- Rowe v. Bonneau-Jeter Hardware Co.Supreme Court of Alabama · 1943
- Morgan v. CaseySupreme Court of Alabama · 1882
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