Elliott v. Dycke
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. Lekoit F. Box. This action was brought by Jam.es M. Elliott, as surviving partner of the late firm of Cothran & Elliott, against A. O. Dycke and B. F. Reynolds, to recover the possession of a tract of land called the “Garrett place,” which was particularly described in the complaint; and was commenced on the 10th December, 18T9. F. E. McKenzie was permitted to defend, as the landlord of the defendants; and the…
Read the full summary
Appeal from the Circuit Court of Etowah. Tried before the Hon. Lekoit F. Box. This action was brought by Jam.es M. Elliott, as surviving partner of the late firm of Cothran & Elliott, against A. O. Dycke and B. F. Reynolds, to recover the possession of a tract of land called the “Garrett place,” which was particularly described in the complaint; and was commenced on the 10th December, 18T9. F. E. McKenzie was permitted to defend, as the landlord of the defendants; and the cause was tried on issue joined on the pleas of not guilty, and adverse possession, under claim of right, for more than…
1Opinion of the CourtStone, C. J.
The questions of meritorious contestation in this case are very few, and, as matters of law, they are well settled. The title set up by defendant was derived from plaintiff, and this estops him from denying that plaintiff originally had title. But it would seem this principle need not be invoked. The testimony is, that Thomas Garrett had been in *155possession of the lands sued for, and he was still in possession when they were sold by the sheriff, bought by Cothran & Elliott, and title made to them. The judgments and executions, the levies, and the sheriff’s returns, were also put in evidence.…
2Cases cited12 opinions
- Chaffee & Co. v. United StatesSupreme Court of the United States · 1874
- Dismukes & Patrick v. Tolson & BarrettSupreme Court of Alabama · 1880
- Randolph v. CarltonSupreme Court of Alabama · 1845
- Wallis v. RheaSupreme Court of Alabama · 1846
- Badger v. LyonSupreme Court of Alabama · 1845
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Kerlin v. Tensaw Land & Timber Co., Inc.Supreme Court of Alabama · 1980
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- Kirby v. StateSupreme Court of Alabama · 1907
- Shirley v. Southern Ry. Co.Supreme Court of Alabama · 1916
- Atlas Subsidiaries of Florida, Inc. v. KornegaySupreme Court of Alabama · 1972
16 more not listed; retrieve them via the Exa API.