Davidson v. Alabama Iron & Steel Co.
Supreme Court of Alabama
Appeal from the Cii’cuit Court of Shelby. • Tried before the Hon. L. F. Box. This was a statutory action of ejectment, brought by the appellants, against the appellee, to recover certain lands described in the complaint. The defendant pleaded, (1) the general issue; (2) “Statute of limitations of twenty years;” and (3) “Statute of limitations of ten years.”
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Appeal from the Cii’cuit Court of Shelby. • Tried before the Hon. L. F. Box. This was a statutory action of ejectment, brought by the appellants, against the appellee, to recover certain lands described in the complaint. The defendant pleaded, (1) the general issue; (2) “Statute of limitations of twenty years;” and (3) “Statute of limitations of ten years.” The plaintiffs claimed title under a patent issued to Lucinda Davidson by the United States, on the 1st day of June, 1858, conveying to her the lands sued for. The evidence showed that said Lucinda Davidson died about seven years before…
1Opinion of the CourtHaralson, J.
Under repeated decisions of this court, the mere signature of said Lucinda Davidson to said mortgage or deed of trust, as shown by the facts of this case, did riot make it her deed. — Sheldon v. Carter, 90 Ala. 383; Fite v. Kennamer, Ib. 472. The acknowledgment of tne paper, as certified by the justice of the peace, was also fatally defective. — Merritt v. Phoenix, 48 Ala. 87; Roney v, Moss, 76 Ala. 491. The court excluded this mortgage as a muniment of the legal title, but admitted it as color of title under the claim of adverse possession. The subsequent deeds of those under or from whom…
2Cases cited5 opinions
- Riggs v. FullerSupreme Court of Alabama · 1875
- Alexander v. SavageSupreme Court of Alabama · 1890
- Eureka Co. v. NormentSupreme Court of Alabama · 1894
- Merritt v. PhenixSupreme Court of Alabama · 1872
- Roney v. MossSupreme Court of Alabama · 1884
3Cited by3 opinions
- Brown v. O'ByrneSupreme Court of Alabama · 1907
- Briggs v. GlassSupreme Court of Alabama · 1982
- Ardis v. StateCourt of Criminal Appeals of Alabama · 1979