Legal Opinion

Donehoo v. Johnson

Supreme Court of Alabama

Decided November 15, 1896PublishedCited by 5 opinions

Statutory Action of Ejectment. Appeal from the Circuit Court of Blount. This was a statutory action of ejectment, brought by the appellee against the appellant, to recover certain lands specifically described in the complaint.

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Statutory Action of Ejectment. Appeal from the Circuit Court of Blount. This was a statutory action of ejectment, brought by the appellee against the appellant, to recover certain lands specifically described in the complaint. The defendant pleaded not guilty, and special pleas suggesting that he had been in the adverse possession of the land sued for for more than three years before the suit was commenced, and had placed thereon valuable improvements, and also the statute of limitations of ten years. The facts of the case showing the claim of title by the plaintiff and the defendant,…

1Opinion of the CourtColeman, J.

The ajDpellee sued appellant in the statutory action of ejectment to recover a certain eighty acre parcel of land. Both parties claimed title through John Held, deceased; the plaintiff as his only heir, and the defendant as a purchaser at chancery sale. After the plaintiff had introduced evidence to show that her ancestor had acquired title and possession of the land as a part of a tract of six hundred acres, and had died, and that she was his only heir, the defendant offered to introduce in evidence the pleadings and decree in a chancery court suit instituted by a creditor of John Reid, the…

2Cases cited2 opinions

  1. Austin v. WillisSupreme Court of Alabama · 1890
  2. Bromberg v. YukersSupreme Court of Alabama · 1895

3Cited by5 opinions

  1. Mink v. WhitfieldSupreme Court of Alabama · 1928
  2. Donehoo v. JohnsonSupreme Court of Alabama · 1898
  3. Barrett v. KellySupreme Court of Alabama · 1901
  4. Howe v. MyersWashington Supreme Court · 1917
  5. Grom v. CenterCalifornia Court of Appeal · 1914

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