Lecroix v. Malone
Supreme Court of Alabama
Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speake. Ejectment by George Malone, and others, as trustees, against Ida R. Lecroix. Prom a judgment for plaintiff, defendant appeals. Adverse possession, uninterrupted, for ten years creates title which will defeat ejectment. — 78 Ala. 61; 92 Ala. 246; 98 Ala. 181; 104 Ala. 191; 62 Ala, 83; 68 Ala. 383; 18 Ala. 417; 90 Ala. 309; 80 Ala. 304; 1 Ency.
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Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speake. Ejectment by George Malone, and others, as trustees, against Ida R. Lecroix. Prom a judgment for plaintiff, defendant appeals. Adverse possession, uninterrupted, for ten years creates title which will defeat ejectment. — 78 Ala. 61; 92 Ala. 246; 98 Ala. 181; 104 Ala. 191; 62 Ala, 83; 68 Ala. 383; 18 Ala. 417; 90 Ala. 309; 80 Ala. 304; 1 Ency. Law, 825-883; 1 C'yc. 1135, 1136, 1137, 1153; 6 Lawson R. R. & P. 4402; Tiedman Real Property ,546. Twenty years possession is good against all claimants. — Matthews v. McDade, 72 Ala.…
1Opinion of the CourtHaralson, J.
— This is an action of ejectment by appellees, Malone et al., against appellant, Leeroix, to recover a strip of land between their respective holdings.
We think it is clear that the appellees showed a good paper title. It is trne that as to a part of the land, the title conveyed in 1835 was from a party who was only shown to have had a half interest. But as against every person not claiming under a tenant, we hold that one tenant in common may sue for and recover the entire tract in his own name. Warvelle on Ejectment, §§ 122, 123; notes to Marshall v. Palmer, 50 Am. St. Rep. 842.
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2Cases cited19 opinions
- Green v. LiterSupreme Court of the United States · 1814
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- Humes v. BernsteinSupreme Court of Alabama · 1882
- Hess v. RudderSupreme Court of Alabama · 1897
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3Cited by22 opinions
- Roach v. CoxSupreme Court of Alabama · 1909
- Northern Pacific Railway Company and Continental Oil Company v. United StatesCourt of Appeals for the Tenth Circuit · 1960
- Blakeney v. DuboseSupreme Court of Alabama · 1910
- Jackson Lumber Co. v. ButlerSupreme Court of Alabama · 1942
- White v. WilliamsSupreme Court of Alabama · 1954
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