Hale v. Chandler
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Ejectment by Clark Hale against William Chandler. Judgment for defendant and plaintiff appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Ejectment by Clark Hale against William Chandler. Judgment for defendant and plaintiff appeals. The quitclaim deed offered by Chandler was void because Clark Hale was in adverse possession at the time it was made and at the time it was recorded. — Mahan v. Smith, 151 Ala. 482; Bernstein v. Himes, 60 Ala. 503; section 10, Code 1907. The deed was also void because not recorded within thirty days under sections 1005-1006, Code 1896. The former recovery did not preclude plaintiff from recovering here. — 15 Cyc. 69; Barrett v.…
1Opinion of the CourtSayre, J.
Plaintiff, who takes this appeal from a judgment in favor of the defendant, undertook to show title by proving that he had been in possession of the land in suit with claim of ownership under a parol contract of purchase from Steele; his possession covering the period from November, 1904, to February, 1912, when he had been dispossessed by the defendant. *393He offered no evidence tending to show possssion in Steele prior to the date on which the latter stood upon the property and delivered possession to him. - Defendant showed a judgment for the property rendered in his favor against plaintiff…
2Cases cited4 opinions
- Louisville & Nashville Railroad v. PhilyawSupreme Court of Alabama · 1889
- Camp v. ForrestSupreme Court of Alabama · 1848
- Bernheim & Co. v. HortonSupreme Court of Alabama · 1893
- Hawes v. RuckerSupreme Court of Alabama · 1891
3Cited by1 opinion
- Lyons v. TaylorSupreme Court of Alabama · 1931