Legal Opinion

DeJarnette v. McDaniel

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 16 opinions

Statutory Action in nature of Ejectment. Appeal from the Circuit Court- of Jefferson. Tried before the Hon. James B. Head. This action was -brought by Robert E. DeJarnette and ■others, against Alex.

Read the full summary

Statutory Action in nature of Ejectment. Appeal from the Circuit Court- of Jefferson. Tried before the Hon. James B. Head. This action was -brought by Robert E. DeJarnette and ■others, against Alex. McDaniel, to recover a tract of land containing eighty acres, which was particularly described in the complaint; and was commenced on the 26th April, 1884. The plaintiffs were the children and heirs at law of Elias M. DeJarnette, deceased, who died in July, 1854; and they claimed the land under a deed of gift executed to their father by Mrs. Dicey DeJarnette, his mother, which was dated October…

1Opinion of the CourtStone, C. J.

— The chief defense in this case is the statute oflimitations of ten years, or that the defendants and those from whom they derived their possession had been in continuous, adverse possession of the land sued for, for more than ten years before this suit was brought — April 26,1884. Part of the lands, however, have been all the while woodland, of which there was only such possession as partial occupancy under title draws to it. It thus became necessary to put in evidence the title under which their possession had its inception. This consisted of a mortgage of the land made by Mrs. Dicey M.…

2Cases cited5 opinions

  1. Chambers v. RingstaffSupreme Court of Alabama · 1881
  2. McCarthy v. NicrosiSupreme Court of Alabama · 1882
  3. King v. PaulkSupreme Court of Alabama · 1887
  4. Lucas v. DanielsSupreme Court of Alabama · 1859
  5. Hart v. KendallSupreme Court of Alabama · 1886

3Cited by16 opinions

  1. Karter v. EastSupreme Court of Alabama · 1929
  2. Brannan v. HenrySupreme Court of Alabama · 1904
  3. Webb v. Elyton Land Co.Supreme Court of Alabama · 1894
  4. White v. WilliamsSupreme Court of Alabama · 1954
  5. Kimbrough v. DickinsonSupreme Court of Alabama · 1946

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API