Tillison v. Ewing
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This action was brought by W. 8. Tillison and the heirs at law of his deceased brother-, F. M. Tillison, against W. T. Ewing, to recover the possession of a quarter-section of land, with damages for its detention ; and was commenced on the 17th September, 1887. The defendant pleaded the statutes of limitation of ten and twenty years; and he proved his open and continuous possession since March,…
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Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This action was brought by W. 8. Tillison and the heirs at law of his deceased brother-, F. M. Tillison, against W. T. Ewing, to recover the possession of a quarter-section of land, with damages for its detention ; and was commenced on the 17th September, 1887. The defendant pleaded the statutes of limitation of ten and twenty years; and he proved his open and continuous possession since March, 1863, under a conveyance with covenants of warranty from one Thomas Hollingsworth, who was then in possession of the land.…
1Opinion of the CourtClopton, J.
The uncontroverted facts — defendant’s purchase of the lands sued for, in March, 1863, from Thomas Hollingsworth, who was then in possession, receiving a conveyance with covenants of warranty; and his open, notorious and continuous possession ever since, claiming the land as his own,, in independent right, under color of title, for a period of more than twenty years before the commencement of the suit — fully justified the affirmative charge in defendant’s favor, unless there is evidence reasonably tending to bring the case within the exception provided by section 2630 of the Code, which, in…
2Cases cited4 opinions
- Underhill v. Mobile Fire Department InsuranceSupreme Court of Alabama · 1880
- Holt v. WilsonSupreme Court of Alabama · 1883
- Porter v. SmithSupreme Court of Alabama · 1880
- Case v. EdgeworthSupreme Court of Alabama · 1888
3Cited by8 opinions
- Hudson v. MooreSupreme Court of Alabama · 1940
- Peters Mineral Land Co. v. HooperSupreme Court of Alabama · 1922
- Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
- Van Ingin v. DuffinSupreme Court of Alabama · 1909
- Roquemore v. Sovereign Camp, W. O. W.Supreme Court of Alabama · 1933
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