Woods v. Montevallo Coal & Transportation Co.
Supreme Court of Alabama
Appeal from Slielby Circuit Court. Tried before Hon. S. H. Spbott. Thomas Andrew Woods brought a statutory action of ejectment against the Montevallo Coal and Transportation Company for the recovery of lands specifically described in his complaint. Issue was joined on the plea of general issue and the special plea of the statute of limitations of ten years adverse possession.
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Appeal from Slielby Circuit Court. Tried before Hon. S. H. Spbott. Thomas Andrew Woods brought a statutory action of ejectment against the Montevallo Coal and Transportation Company for the recovery of lands specifically described in his complaint. Issue was joined on the plea of general issue and the special plea of the statute of limitations of ten years adverse possession. The plaintiff based his right of recovery upon his legal title arising from a grant of the lands sued for by the general government, and introduced in evidence the original pcdenf from the Government to him, dated June…
1Opinion of the CourtSomebyille, J.
1. The bond for title, purporting to be executed by Thomas Woods on December 1st, 1855. or nearly thirty years prior to the commencement of this action, was properly admitted in evidence, in connection with the other proof showing the payment to him by the vendee of the purchase-money due for the land.
It came from one claiming an interest in the land unaccompanied by any circumstance casting suspicion on its genuineness. It was admissible, therefore, without any proof of its execution, and without preliminary proof of possession under it, if otherwise relevant — an inquiry which we next…
2Cases cited15 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Fenno v. SayreSupreme Court of Alabama · 1842
- Price v. Mazange & Co.Supreme Court of Alabama · 1858
- Farley v. SmithSupreme Court of Alabama · 1863
- Beard v. RyanSupreme Court of Alabama · 1884
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3Cited by33 opinions
- Black v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Crowder v. Doe ex dem. Tennessee C. I. & R. R. Co.Supreme Court of Alabama · 1909
- Jordan v. McClure Lumber Co.Supreme Court of Alabama · 1910
- Spradling v. MaySupreme Court of Alabama · 1953
- Tennessee Coal, Iron & Railroad v. LinnSupreme Court of Alabama · 1898
28 more not listed; retrieve them via the Exa API.