Wiggins v. Kirby
Supreme Court of Alabama
Appeal from the Circuit Court of Monroe. Tried before the Hon. James T. Jones. The appellant, plaintiff below, sued James Kirby, the appellee, in an action of ejectment, to recover 80 acres of land. Four pleas were interposed, the first was the general issue, and the second, third and fourth, the statute of limitations of one, three and ten years, respectively, pleaded in short.
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Appeal from the Circuit Court of Monroe. Tried before the Hon. James T. Jones. The appellant, plaintiff below, sued James Kirby, the appellee, in an action of ejectment, to recover 80 acres of land. Four pleas were interposed, the first was the general issue, and the second, third and fourth, the statute of limitations of one, three and ten years, respectively, pleaded in short. The undisputed facts show, that Elijah D. Wiggins, father of the plaintiff, and through whom, by mesne conveyances from his wife and children, plaintiff derives title, entered 160 acres of land under the homestead act…
1Opinion of the CourtHaralson, J.
— The cause was tried and determined on the plea of the general issue, and that the defendant and his grantor had been in the adverse possession of the land for ten years.
The facts in the case show, that the quarter section of *265land entered by said Wiggins, as and for his homestead, and to which, as such, he received a patent from the Government in February, 1887 — the west half of which is sued for in this action — was, for years before the patent issued, and afterwards while he lived, occupied’ by him as a home or dwelling place for himself and family.
The acts relied on by the defendant to…
2Cases cited4 opinions
- Normant v. Eureka Co.Supreme Court of Alabama · 1893
- Eureka Co. v. NormentSupreme Court of Alabama · 1894
- Merritt v. PhenixSupreme Court of Alabama · 1872
- Wagnon v. FairbanksSupreme Court of Alabama · 1894
3Cited by7 opinions
- Green v. MarlinSupreme Court of Alabama · 1929
- Montgomery v. SpearsSupreme Court of Alabama · 1928
- Hemphill v. MoyIdaho Supreme Court · 1917
- Stringfellow v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1897
- Stephens v. MooreSupreme Court of Alabama · 1896
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