Legal Opinion

Trufant v. White & Co.

Supreme Court of Alabama

Decided November 15, 1892PublishedCited by 15 opinions

Appeal from tbe District Court of Lauderdale. Tried before tbe Hon. "W. P. Chitwood. Tliis was a statutory action of ejectment brought by tbe appellants against tbe appellees; and sought to recover lot No. 215 in tbe town of Florence, Alabama. Tbe plaintiffs sue as heirs of J. J Hanna, deceased, and tbe defendants constitute tbe firm of J. B. White & Go.

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Appeal from tbe District Court of Lauderdale. Tried before tbe Hon. "W. P. Chitwood. Tliis was a statutory action of ejectment brought by tbe appellants against tbe appellees; and sought to recover lot No. 215 in tbe town of Florence, Alabama. Tbe plaintiffs sue as heirs of J. J Hanna, deceased, and tbe defendants constitute tbe firm of J. B. White & Go. Tbe plaintiffs rest their claim to tbe property sued for upon tbe following chain of title, which was shown by tbe bill of exceptions: In tbe year 1824 there was granted unto L. Pope and several, others as trustees of the Cypress Land Co., a…

1Opinion of the CourtMcCLELLAN, J.

-The only defense made to this action is that of adverse possession; it is not controverted that plaintiffs have a perfect chain of muniments of title to the land. The possession of the defendants and of their immediate vendor, Mrs. McFarland, was for a less period than ten years before suit brought. Hence the defense can not be made out without tacking Mrs. McFarland’s possession on to that of McAlester, from whom she purchased, which, *533of course, must have been adverse to the plaintiffs, and continued, impressed with that character, to the sale to and putting in possession of said vendee, or…

2Cases cited10 opinions

  1. Baucum v. GeorgeSupreme Court of Alabama · 1880
  2. Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
  3. East Tenn., Va. & Ga. Railway Co. v. DavisSupreme Court of Alabama · 1890
  4. Hoffman v. WhiteSupreme Court of Alabama · 1890
  5. Allen v. MansfieldSupreme Court of Missouri · 1884

5 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Chastang v. ChastangSupreme Court of Alabama · 1904
  2. White v. WilliamsSupreme Court of Alabama · 1954
  3. Lecroix v. MaloneSupreme Court of Alabama · 1908
  4. Singley v. DempseySupreme Court of Alabama · 1949
  5. Baldwin v. StateSupreme Court of Alabama · 1895

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