Legal Opinion

Wetzel v. Toston

Supreme Court of Alabama

Decided October 10, 1946No. 6 Div. 437PublishedCited by 5 opinions

1Opinion of the Court

SIMPSON, Justice.

Statutory ejectment against defendant, Ed Wetzel. From an adverse judgment he has appealed.

Introduction of the conveyance to the plaintiffs from their grantor in possession made a prima facie case, in the absence of a showing by the defendant of his possession of the land prior to the deed to the plaintiffs. Blair v. Blair, 199 Ala. 480, 74 So. 947; France v. Ramsey, 214 Ala. 327, 107 So. 816.

The defendant could defeat recovery only by legal defenses which would override the case made by the plaintiffs. Blair v. Blair, supra. This he failed to do. He claimed to be possessed…

2Cases cited8 opinions

  1. Wiggins v. Stewart Bros.Supreme Court of Alabama · 1926
  2. Blair v. BlairSupreme Court of Alabama · 1917
  3. Scott v. ColsonSupreme Court of Alabama · 1908
  4. France v. RamseySupreme Court of Alabama · 1926
  5. Alabama Power Co. v. City of SheffieldSupreme Court of Alabama · 1936

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Morris v. YanceySupreme Court of Alabama · 1958
  2. Parrish v. DavisSupreme Court of Alabama · 1957
  3. United States Steel Corp. v. BaxleyAlabama Court of Appeals · 1958
  4. Southern Guaranty Insurance Company v. ScottCourt of Civil Appeals of Alabama · 1974
  5. Hinkle v. PoseySupreme Court of Alabama · 1953

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