Scales v. Doe ex dem. Otts
Supreme Court of Alabama
Appeal from tlie City Court of Birmingham. Tried before tlie Hon. Charles A. Senn. This was a common law action of ejectment- against the appellants, Pink Scales and his wife Susie Scales. The complaint declared on four several demises, as follows : From M. M. Otts; C. H. Caldwell and others, heirs of H. M. Caldwell; C. H. Caldwell and others, executors of H. M. Caldwell; Marion Duncan and Helen Nall, only children and heirs at law -of Samuel B. Otts.
Read the full summary
Appeal from tlie City Court of Birmingham. Tried before tlie Hon. Charles A. Senn. This was a common law action of ejectment- against the appellants, Pink Scales and his wife Susie Scales. The complaint declared on four several demises, as follows : From M. M. Otts; C. H. Caldwell and others, heirs of H. M. Caldwell; C. H. Caldwell and others, executors of H. M. Caldwell; Marion Duncan and Helen Nall, only children and heirs at law -of Samuel B. Otts. The trial was had by the court without the intervention of a jury, upon issue joined upon the-plea of tlie general issue. The plaintiff…
1Opinion of the Court
MoüLELLAN, O. J.
Action of ejectment. Trial without jury. Judge of city court found for plaintiff and rendered judgment accordingly. It is not in any way controverted that title by muniments was in plaintiff's lessors, but the defense is that the defendants have had actual possession adverse to the paper title for ten years or more before suit brought. The entry of defendants was a trespass and without color or claim of title. It was upon them to show actual adverse possession for some period of ten years before the.action was begun. We think the trial judge was fully justified in finding that…
2Cited by3 opinions
- Floyd v. WilsonSupreme Court of Alabama · 1911
- Campbell v. NobleSupreme Court of Alabama · 1906
- Sugg v. DavisAlabama Court of Appeals · 1927