Roden v. Capehart
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Ejectment by S. C. Capehart against A. P. Roden and others. Judgment for plaintiff, and defendants appeal. Reversed and remanded. The facts sufficiently appear in the opinion. The following charges were given for plaintiff: (1) If the parties on both sides of the line in question treated it as the true line for more than ten years, this would be the true line.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Ejectment by S. C. Capehart against A. P. Roden and others. Judgment for plaintiff, and defendants appeal. Reversed and remanded. The facts sufficiently appear in the opinion. The following charges were given for plaintiff: (1) If the parties on both sides of the line in question treated it as the true line for more than ten years, this would be the true line. (2) A true line may be established by agreement and mutual recognition by parties owning land on both sides of the line for a period of more than ten years. (3) If…
1Opinion of the CourtThomas, J.
The suit is in the nature of ejectment, for the recovery of land specifically described, to meet the objection pointed out by this court on former appeal. — Roden et al. v. Capehart, 185 Ala. 579, 64 South. 590.
The complaint as amended is as follows: “The plaintiff sues to recover possession of the following tract of land to wit: A strip of land lying on the east side of lot No. 8 on the south side of the Tennessee river, known as the Kitchens, Randall, or Capehart lot, lying and being in Marshall county, Ala., fronting on the north side of the public road from Guntersville to Deposit, Ala.,…
2Cases cited25 opinions
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
- City of Demopolis v. WebbSupreme Court of Alabama · 1888
- Cloverdale Homes v. Town of CloverdaleSupreme Court of Alabama · 1913
- Manistee Mill Co. v. HobdySupreme Court of Alabama · 1909
- Oliver v. OliverSupreme Court of Alabama · 1914
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3Cited by10 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Crawford v. MillsSupreme Court of Alabama · 1918
- Alverson v. FloydSupreme Court of Alabama · 1929
- Taylor v. RileySupreme Court of Alabama · 1961
- Gonzalez v. NamanCourt of Civil Appeals of Alabama · 1996
5 more not listed; retrieve them via the Exa API.