Bowers v. Yancey
Supreme Court of Alabama
Appeal from Circuit Court,- De Kalb County; W. W. Haralson, Judge. Ejectment by W. J. Yancey against B. Bowers, alias, etc. Judgment for plaintiff, and defendant appeals. It was agreed that T. J. Duffey owned the land in question, and each party traced to him as the common source of title. Plaintiff claimed by deed from Duffey to H. Bowers, and from H. Bowers to himself.
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Appeal from Circuit Court,- De Kalb County; W. W. Haralson, Judge. Ejectment by W. J. Yancey against B. Bowers, alias, etc. Judgment for plaintiff, and defendant appeals. It was agreed that T. J. Duffey owned the land in question, and each party traced to him as the common source of title. Plaintiff claimed by deed from Duffey to H. Bowers, and from H. Bowers to himself. Defendant claimed that before Duffey executed the deed to H. Bowers he contracted .with defendant to give him the land in consideration that defendant would look after him and care for him; that he put defendant in…
1Opinion of the CourtSayre, J.
Statutory action of ejectment by appellee against appellant. The fact that appellant was in possession holding adversely did not affect the admissibility or probative force of the deeds under which appellee showed^ title. Code, § 3839; Nichols v. Nichols, 179 Ala. 611, 60 South. 855; (Reichert v. Sheip, 85 South. 267, The cases cited by appellant arose prior to the change in the statute law now appearing in the section of the Code supra.
Affirmed.
ANDERSON, C. J., and GARDNER and BROWN, JJ., concur.
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2Cases cited2 opinions
- Reichert v. Jerome H. Sheip, Inc.Supreme Court of Alabama · 1920
- Nichols v. NicholsSupreme Court of Alabama · 1913