Daniel v. Day
Supreme Court of Alabama
Arpead from the Circuit Court of Cherokee. Tried before the Hon. Wl. L. Whitlock. This action was brought by Alfred Day and others, children and heirs-at-law of Calvin Day, deceased, against James H. Daniel, to recover the possession of the northwest quarter of the southwest quarter of section two (2), in township nine (9), range nine (9) east, in said county, together with damages for its detention ; and was commenced on the 11th November, 1871. The complaint was in the…
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Arpead from the Circuit Court of Cherokee. Tried before the Hon. Wl. L. Whitlock. This action was brought by Alfred Day and others, children and heirs-at-law of Calvin Day, deceased, against James H. Daniel, to recover the possession of the northwest quarter of the southwest quarter of section two (2), in township nine (9), range nine (9) east, in said county, together with damages for its detention ; and was commenced on the 11th November, 1871. The complaint was in the form prescribed in the Revised Code (page 677), “ for the recovery of lands, or the possession thereof, in the nature of an…
1Opinion of the CourtB. F. Saffold, J.
The errors assigned relate to the application of the statute of limitations. The parties and the court below, seem to have been under the impression that the case was governed by the limitations prescribed by the Revised Code. But section 2926 (R. C.) confines such limitations to causes of action accruing, and possessions commencing, on or after the 17th day of January, 1853, the day on which the Code of 1853 went into operation ; and continues in force the statutes of limitations existing at that time, in respect to causes of action accruing, and possessions commencing, prior to that time.…
2Cases cited3 opinions
- Caldwell ex dem. Caldwell v. ThorpSupreme Court of Alabama · 1845
- Lowe's Adm'r v. JonesSupreme Court of Alabama · 1849
- Branch Bank at Decatur v. DonelsonSupreme Court of Alabama · 1848
3Cited by6 opinions
- Kidd v. BrowneSupreme Court of Alabama · 1917
- Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
- Smith v. RobertsSupreme Court of Alabama · 1878
- Cary v. SimmonsSupreme Court of Alabama · 1888
- Justice v. MooreWest Virginia Supreme Court · 1911
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