Elledge v. Funke
Supreme Court of Alabama
Appeal from Circuit Court, Colbert County; C. P. Almon, Judge. Suit in equity by Ferdinand Funke against J. M. Elledge and another. From a decree for complainant, respondents appeal.
1Opinion of the CourtSomerville, J.
The bill of complaint is filed to cancel a certain deed to 40 acres of land, executed by one Mack Gipson to the respondents, Elledge and Jeffries, as a cloud on complainant’s title, and to enjoin said respondents from trespassing on the land or removing timber therefrom. The bill admits that the legal title to the land was formerly in respondents’ predecessor and privy in estate, but alleges that it had been divested by complainant’s adverse possession for 10 and 20 -years, and that complainant is in possession of the land.
In a case of this character it is, of course, essential that the…
2Cases cited2 opinions
- Jones v. DeGraffenreidSupreme Court of Alabama · 1877
- Belcher v. ScruggsSupreme Court of Alabama · 1899
3Cited by1 opinion
- Kinney v. KinneySupreme Court of Alabama · 1935