Lamar v. Minter
Supreme Court of Alabama
Writ of Error to the Circuit Court of Dallas. Before the Hon. Geo. Goldthwaite. This was an action of trespass at the suit of the defendant in error, brought as well to try titles to the east half of the north east quarter of section twenty-seven, in township sixteen of range twelve, situated in the county of Dallas, as to recover damages for its occupancy.
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Writ of Error to the Circuit Court of Dallas. Before the Hon. Geo. Goldthwaite. This was an action of trespass at the suit of the defendant in error, brought as well to try titles to the east half of the north east quarter of section twenty-seven, in township sixteen of range twelve, situated in the county of Dallas, as to recover damages for its occupancy. The defendant by way of plea, suggested his adverse possession under the statute— also, that the title of the plaintiff was dormant, that he had made valuable and permanent improvements, &c. He also pleaded a former recovery, and the plea…
1Opinion of the CourtCollier, C. J.
We can conceive of no objection to the admission of the evidence to show that Sheppard S. Johnson, one of the grantees in the patent, was named Sheppard Spencer Johnson, and that he is the same person who executed the deed under which the plaintiff claims, by the name of Spencer S. Johnson. This testimony does not contradict ■either the patent or the deed. It shows nothing more than a transposition of the first and middle name — explains an ambiguity, if indeed it be one, which at most is latent — removes a seeming discrepancy — makes the deed harmonize with the patent, and thus traces to the…
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- Rockwell v. AdamsNew York Supreme Court · 1831
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3Cited by11 opinions
- Herbert v. HanrickSupreme Court of Alabama · 1849
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- Childs v. ShowerSupreme Court of Iowa · 1865
- Alabama Corn Mills Co. v. Mobile Docks Co.Supreme Court of Alabama · 1917
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