O'Neal v. Prestwood
Supreme Court of Alabama
Appeal from Covington Chancery Court. Heard before Hon. W. L. Parks. Six actions by John W. Prestwood and by Emma Tompkins against C. R. O’Neal and others, and by John W. Prestwood and others and by Emma Tompkins and others against C. R. O’Neal and against Covington county. From judgments for plaintiffs, defendants appeal. A. L. Rankin, for appellant Covington County.
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Appeal from Covington Chancery Court. Heard before Hon. W. L. Parks. Six actions by John W. Prestwood and by Emma Tompkins against C. R. O’Neal and others, and by John W. Prestwood and others and by Emma Tompkins and others against C. R. O’Neal and against Covington county. From judgments for plaintiffs, defendants appeal. A. L. Rankin, for appellant Covington County. Under the evidence the complainant was neither in the actual nor constructive possession of the land, and hence, the bill will not lie. — Secs. 809-810, Code 1896; 124 Ala. 261; 144 Ala. 408. There was actual fraud against the…
1Opinion of the CourtMcCLELLAN, J.
— Emma Tompkins and John W. Prestwood, the latter of whom derived his rights, if at all, from the former, filed the original hills, under section 809 et seq. of the Code of 1896, against the county *446of Covington and C. R. O’Neal. These respondents make their answers cross-bills, and conclude with appropriate prayers for the- quieting of their respectively asserted titles. There is no insistence here for or against the legality of the admission of any of the testimony introduced. The premises involved are an uninclosed lot, in the nature of a common, in the outskirts of Andalusia, which, on the…
2Cases cited5 opinions
- McCarthy v. NicrosiSupreme Court of Alabama · 1882
- Meehan v. WilliamsSupreme Court of Pennsylvania · 1865
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