Owen v. Moxon
Supreme Court of Alabama
Appeal from Cleburne Circuit Court. Heard before Hon. John Pelham. Action by Pbillip S. Moxon against W. T. Owen and others. Judgment for plaintff, and defendants appeal. The oral charge of the court, excepted to, is as follows : “It is for you to say what does constitute adverse possession under the facts in this case, and whether it existed under-the facts.”
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Appeal from Cleburne Circuit Court. Heard before Hon. John Pelham. Action by Pbillip S. Moxon against W. T. Owen and others. Judgment for plaintff, and defendants appeal. The oral charge of the court, excepted to, is as follows : “It is for you to say what does constitute adverse possession under the facts in this case, and whether it existed under-the facts.” The following charges were given at plainiff’s request: “(1) Gentlement of the jury, I charge you that if Mr. Armstrong was in the adverse possession of the land sued for, for more than 10 years prior to 1893, claiming to own the same…
1Opinion of the CourtAnderson, J.
The general rule is that in an action of ejectment the plaintiff may recover upon prior possession as against a defendant who has a mere subsequent possession, and such defendant cannot defeat the plaintiff’s recovery by showing that there is or may be an outstanding title in another. — 10 Am. & Eng. Ency. of Law, 487; Green v. Jordan, 83 Ala. 220, 3 South. 513, 3 Am. St. Rep. 711; Roe v. Doe, 159 Ala. 614, 48 South. 49; Dodge v. Irvington Land Co., 158 Ala. 91, 48 South. 383, 22 L. R. A. (N. S.) 1100. This rule does not prevail, however, against a. defendant who acquires the possession…
2Cases cited15 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Daffron v. CrumpSupreme Court of Alabama · 1881
- Goodson v. BrothersSupreme Court of Alabama · 1895
- Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
- McCreary v. Jackson Lumber Co.Supreme Court of Alabama · 1906
10 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Lightsey v. StoneSupreme Court of Alabama · 1951
- Delaware Land & Development Co. v. First & Central Presbyterian ChurchSupreme Court of Delaware · 1929
- Montgomery v. SpearsSupreme Court of Alabama · 1928
- Williams v. DentSupreme Court of Alabama · 1936
- Stewart Bros. v. RansomSupreme Court of Alabama · 1917
15 more not listed; retrieve them via the Exa API.