Lawrence v. Alabama State Land Co.
Supreme Court of Alabama
Appeal from Tuscaloosa County Count. Heard before Hon. Henry B. Poster. This was a common law action of ejectment, brought by the appellee, the Alabama State Land Company, against the appellant, Joel J. Lawrence, and sought to recover about four hundred acres of land. The defendant disclaimed possession as to forty acres thereof, and plead not guilty as to the balance. Upon the trial, the plaintiff proved the legal title to be in it.
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Appeal from Tuscaloosa County Count. Heard before Hon. Henry B. Poster. This was a common law action of ejectment, brought by the appellee, the Alabama State Land Company, against the appellant, Joel J. Lawrence, and sought to recover about four hundred acres of land. The defendant disclaimed possession as to forty acres thereof, and plead not guilty as to the balance. Upon the trial, the plaintiff proved the legal title to be in it. The defendant claimed title by a deed from one John W. Norwood, executed to him on the 8th day of February, 1883, and through possession by said Nor-wood prior…
1Opinion of the CourtAnderson, J.
The plaintiff established a complete chain of title to the land and the defendant set up adverse possession to all the land involved, except, the por tion as to which he disclaimed, and the burden of proof *528was upon him to establish .his title by adverse possession, and the essential elements of which are: “1. The possession must be hostile and under claim of right. 2. U must be actual. 3. It must be open and notorious. 4. It must be exclusive. 5. It must be continuous. If any of these constituiente be wanting, the possession will not affect a bar to the legal title.” — Chastang v. Chastang,…
2Cases cited14 opinions
- Prince v. StateSupreme Court of Alabama · 1893
- Chandler v. SpearSupreme Court of Vermont · 1850
- Eastis v. MontgomerySupreme Court of Alabama · 1890
- Goodson v. BrothersSupreme Court of Alabama · 1895
- Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- McCreary v. Jackson Lumber Co.Supreme Court of Alabama · 1906
- Alexander City U. W. & S. Co. v. Central of Ga. Railway Co.Supreme Court of Alabama · 1913
- Sparks v. ByrdSupreme Court of Alabama · 1990
- Midland Valley Railroad v. BarnesSupreme Court of Oklahoma · 1933
- Alabama City, G. & A. Ry. Co. v. SampleySupreme Court of Alabama · 1910
7 more not listed; retrieve them via the Exa API.