Gillespie v. Gillespie
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. Alfred Benners. Bill by James M. Gillespie, administrator of the estate of John G. Gillespie, deceased, against James M. Gillespie, Jr., and others. From-a judgment for plaintiff, defendants appeal. This was a bill filed by the administrator of John G. Gillespie against a number of respondents, seeking to sell for division certain lands mentioned in the bill.
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Appeal from Jefferson Chancery Court. Heard before Hon. Alfred Benners. Bill by James M. Gillespie, administrator of the estate of John G. Gillespie, deceased, against James M. Gillespie, Jr., and others. From-a judgment for plaintiff, defendants appeal. This was a bill filed by the administrator of John G. Gillespie against a number of respondents, seeking to sell for division certain lands mentioned in the bill. The allegations are that John Gillespie was a resident of said county and died before the filing of the bill, and that his wife, Martha C. Gillespie, was dead, and that both died…
1Opinion of the Court
McCLELLAN, J. —
He who enters into the possession'
of lands under a parol gift is a tenant at will, until there has been by him such adverse possession as, .if continued for the statutory period, will work divestiture of the donor’s title. The possession, to merit the protéc-' tion of -the statutory bar, must be uninterrupted and continuous, accompanied by a. claim of right to the land and hostility to the title of the donor, and without recognition thereof. — Collins v. Johnson, 57 Ala. 304; Tru*187fant v. White, 99 Ala. 526, 13 South. 83; Boykin v. Smith, 65 Ala. 294; Burrus v. Meadors, 90 Ala.…
2Cases cited5 opinions
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Boykin v. SmithSupreme Court of Alabama · 1880
- Green v. JordanSupreme Court of Alabama · 1887
- Trufant v. White & Co.Supreme Court of Alabama · 1892
- Burrus v. MeadorsSupreme Court of Alabama · 1890
3Cited by4 opinions
- Earnest v. FiteSupreme Court of Alabama · 1924
- Eldridge v. LoftisSupreme Court of Alabama · 1998
- Collins v. CollinsSupreme Court of Alabama · 1950
- Cooke v. WilbanksSupreme Court of Alabama · 1929