Legal Opinion

Winters v. Powell

Supreme Court of Alabama

Decided November 28, 1912PublishedCited by 47 opinions

Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Action in ejectment by Lige Powell and others against Z. I). "Winters. Judgments for plaintiff and defendant appeals.

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Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Action in ejectment by Lige Powell and others against Z. I). "Winters. Judgments for plaintiff and defendant appeals. If adverse possession could operate against the plaintiffs in this case then plaintiffs could not recover. — Woodstock I. Co. v. Fullemoider, 87 Ala. 584; 3 Pom., secs. 220-398; 4 Lea 105. The remaindermen could have gone into equity for removal of a cloud on their title. — Lcmsden v. Bone, 90 Ala. 448; Bowery v. Davis, 8 So. 79; Qindrat v. Wes. Ry., 96 Ala. 162; Robinson. v. Pearce, 118 Ala. 304. Having failed…

1Opinion of the Court

¡8AYRE, J.

This is an action of ejectment brought by appellees, Avho claimed as children and heirs of George PoavcII, deceased, against appellant, Winters. Defendant (appellant) has traced an unbroken paper title back to one Rylant, Avho was in possession of the land at the date of his sale to one Pinson in 1868, two links being furnished by a deed from Pinson to Fannie PoAvell, AvidoAv of George, in 1888, and the deed of Fannie PoavcII, in 1893, to one Batson, Avho stands in the series as one of defendant’s predecessors in title. *428The testimony for defendant went to show that Batson had known…

2Cases cited9 opinions

  1. Robinson v. PierceSupreme Court of Alabama · 1897
  2. Woodstock Iron Co. v. FullenwiderSupreme Court of Alabama · 1888
  3. Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
  4. Lansden v. BoneSupreme Court of Alabama · 1890
  5. Blakeney v. DuboseSupreme Court of Alabama · 1910

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

3Cited by47 opinions

  1. Kidd v. BorumSupreme Court of Alabama · 1913
  2. Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
  3. Dallas Compress Co. v. SmithSupreme Court of Alabama · 1914
  4. Pihakis v. CottrellSupreme Court of Alabama · 1971
  5. Kubiszyn v. BradleySupreme Court of Alabama · 1974

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

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