Hicks v. Burgess
Supreme Court of Alabama
Appeal from Cleburne Circuit Court. Heard before Hon. E.'J. Garrison. Ejectment by J. A. Burgess against Madison Hicks. Judgment for plaintiff, and defendant appeals. The land in dispute Avas a small portion of the g. E. 14 of the g. E. 34, section 21, township 16, range 10, Cleburne county, which Avas cut off from the rest of the 40 by the Tallapoosa river.
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Appeal from Cleburne Circuit Court. Heard before Hon. E.'J. Garrison. Ejectment by J. A. Burgess against Madison Hicks. Judgment for plaintiff, and defendant appeals. The land in dispute Avas a small portion of the g. E. 14 of the g. E. 34, section 21, township 16, range 10, Cleburne county, which Avas cut off from the rest of the 40 by the Tallapoosa river. Neither party shoAved any connection Avith the actual title and the sole issue was the sufficiency of the alleged prior possession of plaintiff’s grantors to entitle him to recover. Plaintiff claimed under a deed to him from Mrs. M. R.…
1Opinion of the CourtSomerville, J.
The plaintiff, not showing title either by deed or by adverse possession, and never having had possession himself, could recover only by showing prior possession in some one of his grantors.
Conceding that Fred Ross had some sort of possession before and at the time of his death, presumably prior to 1870, it does not appear that his son Gus Ross ever had possession of or did any act of ownership with respect to the disputed strip. The abandonment seems *587to have been complete. Not having either title or possession at the time of his death, nothing could pass by descent from him to his children.
Pl…
2Cases cited10 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Cooper v. SlaughterSupreme Court of Alabama · 1912
- Humes v. BernsteinSupreme Court of Alabama · 1882
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
- McCreary v. Jackson Lumber Co.Supreme Court of Alabama · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- &198tna Explosives Co. v. SchaefferSupreme Court of Alabama · 1923
- Spencer v. Blanke Mfg. & Supply Co.Supreme Court of Alabama · 1929
- Stockburger Bros. v. AderholtSupreme Court of Alabama · 1915
- Housing Authority v. Title Guarantee Loan & Trust Co.Supreme Court of Alabama · 1942
- Cincinnati, N. O. & T. P. Ry. Co. v. Vredenburgh Saw Mill Co.Alabama Court of Appeals · 1915
9 more not listed; retrieve them via the Exa API.