Legal Opinion · Dissent

Dodge v. Irvington Land Co.

Supreme Court of Alabama

Decided July 3, 1908Published

Appeal from Mobile Law and Equity Court. Heard before Hon. Saefold Berney. Ejectment by the Irvington Land Company, a corporation, against R, M. Dodge. Judgment for plaintiff and defendant appeals. The land sued for was the N. W. % and the W. % of the N. E. % of section 27, tOAvnship 6, range 3. The defendant admitted plaintiff’s right under the evidence to recover the W. V2 of the N. E. %, and as to the other land he interposed the plea of not guilty.

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Appeal from Mobile Law and Equity Court. Heard before Hon. Saefold Berney. Ejectment by the Irvington Land Company, a corporation, against R, M. Dodge. Judgment for plaintiff and defendant appeals. The land sued for was the N. W. % and the W. % of the N. E. % of section 27, tOAvnship 6, range 3. The defendant admitted plaintiff’s right under the evidence to recover the W. V2 of the N. E. %, and as to the other land he interposed the plea of not guilty. Plaintiff’s evidence showed that Bradford had a residence on the W. y2 of the N. W. % and occupied it from 1868 to 1873, under claim of…

1DissentDenson, J.

I am unable to agree with the majority opinion, and the questions involved being of great importance, from their constant recurrence in litigation respecting land, I think it proper that I should express my dissenting views.

The action ¿is statutory ejectment by the plaintiff (appellee) 1o recover of the defendant (appellant) two distinct subdivisions of land. The defendant conceded *100the plaintiff urns entitled to recover as to one of the subdivision, and contested its right of recovery to only one of the subdivisions. It is only to that subdivision, the title to which was contested, this…

2Cases cited29 opinions

  1. Belk v. MeagherSupreme Court of the United States · 1881
  2. Campbell v. RankinSupreme Court of the United States · 1879
  3. Haws v. Victoria Copper Mining Co.Supreme Court of the United States · 1895
  4. Dothard v. DensonSupreme Court of Alabama · 1882
  5. Sabariego v. MaverickSupreme Court of the United States · 1888

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