McCraw v. Lindsey
Supreme Court of Alabama
Appeal from Circuit Court, Calhoun County; A. P. Agee, Judge. Action in ejectment by C. O. McOraw and others against Robert Lindsey. Erom a judgment for defendant, plaintiffs appeal. ’ A claim of adverse possession, by bona fide purchase, must be untainted with fraud, and the purchase made in the honest belief that the vendor had a right to sell.
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Appeal from Circuit Court, Calhoun County; A. P. Agee, Judge. Action in ejectment by C. O. McOraw and others against Robert Lindsey. Erom a judgment for defendant, plaintiffs appeal. ’ A claim of adverse possession, by bona fide purchase, must be untainted with fraud, and the purchase made in the honest belief that the vendor had a right to sell. Holt v. Adams, 121 Ala. 664, 25 South. 716; 5 Cye. 719; Black’s Law Diet. 143. Code 1907, § 2830, is not met and complied with by an annual- listing for taxation, for 10 years, of land, the description of which is ambiguous, uncertain, or indefinite.…
1Opinion of the CourtMiller, J.
This is a statutory ejectment suit.instituted by C. O. MeCraw and others, plaintiffs and appellants, against Robert Lindsey, defendant and appellee, to recover possession of a tract of land near, and a lot in, the city of Anniston.
The defendant filed plea of disclaimer as to a part of the land sued for, describing.it; and the plaintiff confessed this plea. Judgment was rendered by the court in favor of plaintiff for this land, but without cost or damage. The defendant filed plea of not guilty to the lot sued for and described in the complaint as follows:
“Commencing at the southwest corner of…
2Cases cited8 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
- Steed v. KnowlesSupreme Court of Alabama · 1892
- Eagle & Phœnix Manufacturing Co. v. GibsonSupreme Court of Alabama · 1878
- Doe ex dem. Holt v. AdamsSupreme Court of Alabama · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Leddon v. StricklandSupreme Court of Alabama · 1928
- Earnest v. FiteSupreme Court of Alabama · 1924
- Hood v. JohnstonSupreme Court of Alabama · 1924
- Millican v. MintzSupreme Court of Alabama · 1951
- Acker v. GreenSupreme Court of Alabama · 1931
2 more not listed; retrieve them via the Exa API.