Wilkinson v. Bottoms
Supreme Court of Alabama
Appeal from Dale Circuit Court.. Heard before Hon. H. A. Pearce. Ejectment by James Bottoms, against Joe Wilkinson and others. Judgment for plaintiff and defendant appeals.
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Appeal from Dale Circuit Court.. Heard before Hon. H. A. Pearce. Ejectment by James Bottoms, against Joe Wilkinson and others. Judgment for plaintiff and defendant appeals. The exceptions made the basis of the assignments of error are as follows: “(1) In sustaining the plaintiff’s objection to the following question to witness Whaley: ‘Did you ever hear Wilkinson say that he and Bottoms had traded the land and had made the road- the line between the 40’s, and that Wilkinson got Bottom’s land on the west side of the road, and Bottoms got Wilkinson’s land on the east side of the road?’ (2) In…
1Opinion of the CourtMcCLELLAN, J.
Statutory ejectment. The Pleasant Ridge road, in Dale county, ran north and south through the respective “40’s” of Wilkinson and Bottoms, leaving, there was testimony tending to show, a part of the Bottoms “40” on the west side of the road and a part of the Wilkinson “40” on the east side of the road. There was testimony tending to show that W. H. Bottoms and Levi Wilkinson, about 18 years ago, exchanged their respective plots of land across the road from the body of their respective lands, thereby, by agreement, making the road the line between their respective possessions. There was, also,…
2Cases cited5 opinions
- Dothard v. DensonSupreme Court of Alabama · 1882
- Brown v. BaileySupreme Court of Pennsylvania · 1893
- Jermyn v. McClureSupreme Court of Pennsylvania · 1900
- Moss v. CulverSupreme Court of Pennsylvania · 1870
- Couch v. CouchSupreme Court of Alabama · 1904
3Cited by8 opinions
- Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
- Hitt v. CarrIndiana Court of Appeals · 1915
- Eidson v. McDanielSupreme Court of Alabama · 1927
- Shelton v. StaplerSupreme Court of Alabama · 1929
- Bradford v. ButtramSupreme Court of Alabama · 1921
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