Nashville, Chattanooga & St. Louis Railway v. Mathis
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the lion. J. A. Bilbro . A party who only shows possession under an unfounded claim of title will he defeated by evidence of actual possession and occupation prior to the entry made under such pretended claim. — Sedgwick & Wait on Trial of Title to Land, § 717; Fordv.
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Appeal from the Circuit Court of Marshall. Tried before the lion. J. A. Bilbro . A party who only shows possession under an unfounded claim of title will he defeated by evidence of actual possession and occupation prior to the entry made under such pretended claim. — Sedgwick & Wait on Trial of Title to Land, § 717; Fordv. Belmont, 60 N. Y. 567. It is conceded that an invalid tax-deed, when possession is shown to have been taken under it, may constitute color of title ; but such a record as the one introduced in evidence, which does not purport to convey title, unaccompanied by any evidence…
1Opinion of the CourtHead, J.
The action is statutory ejectment, to recover possession of certain land, which is thus described in the complaint: “a strip or parcel of land one hundred feet wide, extending through the North East quarter of the North West quarter of section thirty-three, in Township Eight of range four, East, situated in Marshall county, Alabama; being fifty feet on each side of the center of the track of the railroad now in operation on said subdivision of land, the same being cleared of timber, graded, with excavations and embankments, and trestles constructed thereon, on which locomotives and cars may…
2Cases cited10 opinions
- Louisville & Nashville Railroad v. PhilyawSupreme Court of Alabama · 1889
- Stovall v. FowlerSupreme Court of Alabama · 1882
- Veal v. RobinsonSupreme Court of Georgia · 1883
- Ladd v. DubrocaSupreme Court of Alabama · 1878
- Doe ex dem. Mills v. ClaytonSupreme Court of Alabama · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Smith v. KeyserSupreme Court of Alabama · 1896
- Southern Railway Co. v. ClevelandSupreme Court of Alabama · 1910
- Knight v. HunterSupreme Court of Alabama · 1908
- Barrett v. Doe ex dem. McCartySupreme Court of Alabama · 1906
- Acree v. ShawSupreme Court of Alabama · 1919
1 more not listed; retrieve them via the Exa API.