Nance v. Walker
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Ejectment by Roswell S. Nance against Robert G. Walker. Judgment for defendant, and plaintiff appeals. The action was originally for forcible entry and detainer,. and was removed to the circuit court by defendant, under the statute as one claiming to have entered upon the land peaceably and under claim of title thereto.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Ejectment by Roswell S. Nance against Robert G. Walker. Judgment for defendant, and plaintiff appeals. The action was originally for forcible entry and detainer,. and was removed to the circuit court by defendant, under the statute as one claiming to have entered upon the land peaceably and under claim of title thereto. The evidence shows a chain of title in plaintiff from Shreve to Randle, mortgage from Randle to Mastin, foreclosure and purchase by Margaret R. Randle, deed from Mastin to Randle, and a deed from Margaret…
1Opinion of the CourtAnderson, C. J.
— This was originally an action for forcible entry and unlawful detainer, and was transferred to the circuit court under a petition to try title as provided by the statute (section 4283 of the Code of 1907) by one claiming to have entered upon the land peaceably and under claim of title thereto.(1) The appellant proved a prior possession under color of title to the land sued for, but as the title to the same was in the government during that time and never passed out of it until the issuance of the patent in 1913, he had no paper title, and did not acquire title by adverse possession. —…
2Cases cited6 opinions
- McCreary v. Jackson Lumber Co.Supreme Court of Alabama · 1906
- Garrow v. ToxeySupreme Court of Alabama · 1914
- Mallon v. MoogSupreme Court of Alabama · 1898
- Nelson v. WeekleySupreme Court of Alabama · 1912
- Swift v. Doe ex dem. WilliamsSupreme Court of Alabama · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hemphill v. MoyIdaho Supreme Court · 1917
- Kelley v. KelleySupreme Court of Alabama · 1983
- Farned v. CleereSupreme Court of Alabama · 1932