Legal Opinion · Concurrence

Williams v. Kitchens

Supreme Court of Alabama

Decided August 30, 1954No. 7 Div. 204Published

1ConcurrenceGoodwyn, Justice

It seems to be the -theory of the majority opinion that the statute of limitations, Code 1940, Tit. 7, § 20, applies only to possessory actions and that, since the complainant is not entitled to the immediate possession of the property, the statute of limitations is inapplicable. My view is that the bill affirmatively shows on its face that the suit is barred by the statute of limitations of ten years, § 20, Tit. 7, supra.

Section 18, Tit. 7, Code 1940, provides as follows:

“All other civil actions, in law or equity, must be commenced after the cause of action has accrued within the period…

2Cases cited37 opinions

  1. Wood v. CarpenterSupreme Court of the United States · 1879
  2. Ivy v. HoodSupreme Court of Alabama · 1918
  3. Robinson v. PierceSupreme Court of Alabama · 1897
  4. Williams v. BedenbaughSupreme Court of Alabama · 1926
  5. Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917

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