Russell v. Erwin's Adm'r
Supreme Court of Alabama
Appeal from tbe Circuit 'Court of Mobile. Tried before tbe -Hon. C. W. Rapier. This action was brought by F. G-. Kimball, as the administrator de bonis non, mm testamento annexo, of Isaac H. Erwin, deceased, against James W. Russell, Ellen Thompson, and Theodore Petit, to recover the possession of several city lots in Mobile, with damages for their detention.
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Appeal from tbe Circuit 'Court of Mobile. Tried before tbe -Hon. C. W. Rapier. This action was brought by F. G-. Kimball, as the administrator de bonis non, mm testamento annexo, of Isaac H. Erwin, deceased, against James W. Russell, Ellen Thompson, and Theodore Petit, to recover the possession of several city lots in Mobile, with damages for their detention. The defendant Russell was admitted by the court to defend as landlord, and pleaded the general issue, with a suggestion of adverse possession for more than three years, and the erection of valuable improvements. After the evidence was…
1Opinion of the CourtA. J. Walker, C. J.
The first proposition of the ■ charge given by the court, of which the-, appellant com-: plains, is, that prior, possession, under color of title, would authorize the plaintiff to recover, unless the defend- • ant had shown a better title, or unless the plaintiff was > bárred-by the. statute.of limitations. It is unnecessary to.-t *48go at all into the general subject of possession as a ground of recovery in ejectment. It is sufficient in this case, that the authorities are such as to leave no room for doubt that the proposition stated by the court is correct; and we need ■not decide any thing…
2Cases cited12 opinions
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Badger v. LyonSupreme Court of Alabama · 1845
- McCall v. Doe ex dem. PryorSupreme Court of Alabama · 1850
- Pope v. HarkinsSupreme Court of Alabama · 1849
- Doe ex dem. Kennedy's Heirs v. ReynoldsSupreme Court of Alabama · 1855
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3Cited by37 opinions
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- Houston v. FarrisSupreme Court of Alabama · 1882
- Potts v. ColemanSupreme Court of Alabama · 1880
- Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908
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