Ponder v. Cheeves
Supreme Court of Alabama
Appeal from the Circuit Court of Randolph. Tried before the Hon. Leroy E. Box. This was a statutory action of ejectment, brought by the appellants against the appellees, to recover certain lands specifically described in the complaint, and was commenced on December 21, 1892. The defendant interposed three pleas : 1st. The general issue. 2d.
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Appeal from the Circuit Court of Randolph. Tried before the Hon. Leroy E. Box. This was a statutory action of ejectment, brought by the appellants against the appellees, to recover certain lands specifically described in the complaint, and was commenced on December 21, 1892. The defendant interposed three pleas : 1st. The general issue. 2d. Ad- verse possession by defendants and Stephen W. Herren, defendants’ ancestor, under whom they claim title, for more than ten years before the institution of the suit. 3d. The statute of limitations of twenty years under adverse possession and claim of…
1Opinion of the CourtHaralson, J.
1. The introduction of the complaint in the former suit in ejectment, if it had been offered by himself, was clearly inadmissible, on the objection raised to it, that it was irrelevant. The plaintiffs if they failed in that suit, were not barred thereby, to bring another for the samelands. — Code, § 2714; Exparte Shear, 92 Ala. 596. But this complaint was evidently offered in connection with the pleas in said suit. And, if these were admissible, for any purpose, the complaint, though not admissible by itself, was rendered admissible by the introduction of the pleas, inasmuch as the complaint…
2Cases cited5 opinions
- Ex parte ShearSupreme Court of Alabama · 1890
- Locke v. WinstonSupreme Court of Alabama · 1846
- Smith v. McGeheeSupreme Court of Alabama · 1848
- Scruggs v. BibbSupreme Court of Alabama · 1859
- Park v. Wooten's ExecutorsSupreme Court of Alabama · 1859
3Cited by9 opinions
- Bingham v. LipmanOregon Supreme Court · 1901
- Richardson v. StateSupreme Court of Alabama · 1920
- Sims v. StruthersSupreme Court of Alabama · 1957
- Barron v. BarronSupreme Court of Alabama · 1898
- Kriewitz v. Savoy Heating and Air Conditioning Co.Supreme Court of Alabama · 1981
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