Powers v. Hatter
Supreme Court of Alabama
Trespass Q. G. F. and Trover. Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Lula G. Poivers and others against Thomas A. Hatter and others in trespass and trover for cutting and carrying aivay timber from certain land. Judgment for defendants, and plaintiffs appeal.
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Trespass Q. G. F. and Trover. Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Lula G. Poivers and others against Thomas A. Hatter and others in trespass and trover for cutting and carrying aivay timber from certain land. Judgment for defendants, and plaintiffs appeal. A clerical mis-prison in spelling or writing a man’s name in the certificate of acknowledgement, where it clearly and certainly appears that he is the maker and signer of the deed and acknowledgement does ntofc make the deed invalid.— Shelton v. Altman, 82 Ala. 315. The deed having been executed…
1Opinion of the CourtAnderson, J.
In an action of trespass quare clausum fregit, the plaintiff, in order to recover, must show actual possession, or if there is no actual possession — no possessio pedis — then he can recover by proving title to the land, which gives constructive possession. —Shipman v. Baxter, 21 Ala. 456; Garrett v. Sewell, 108 Ala. 521, 18 South. 737. The plaintiffs failed to prove actual possession of the land prior to and at the time of the alleged trespass. The mere act of riding along the road which ran through the land on several occasions and paying tax on same a few times did not amount to actual…
2Cases cited3 opinions
- Harvey v. ThorpeSupreme Court of Alabama · 1856
- Garrett v. SewellSupreme Court of Alabama · 1895
- Shipman v. BaxterSupreme Court of Alabama · 1852
3Cited by12 opinions
- Aiken v. McMillanSupreme Court of Alabama · 1925
- Sadler v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1920
- Loper v. E. W. Gates Lumber Co.Supreme Court of Alabama · 1923
- Perolio v. Doe ex dem. Woodward Iron Co.Supreme Court of Alabama · 1916
- Patterson v. First Nat. Bank of PiedmontSupreme Court of Alabama · 1934
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