Lyon v. McGowan
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Ejectment by Emily C. Lyon, against W. T. McGowan and others. Judgment for defendants and plaintiffs appeal.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Ejectment by Emily C. Lyon, against W. T. McGowan and others. Judgment for defendants and plaintiffs appeal. When a vendor conveys tAvo tracts of land Avhen he has title to only one of them the subsequent possession by the vendee of the tracts that belonged to the vendor does not disseize the OAvner of the other tract. — Henry v. Broicn, ■ 143 Ala. 446; Woods v. Montevallo G. & T. Go., 84 Ala. 565. The record owner is not affected by the fact that- his land is included with other land in the deed betAveen strangers followed…
1Opinion of the CourtDenson, J.
This is a statutory action of ejectment, commenced against the terre-tenant. On motion of Theodore Land Company, a corporation, it was made a party defendant. From verdict and judgment in favor of the defendant, the plaintiff has appealed, and assigns for error the action of the court overruling her motion for a new trial.
The defense made was that of adverse possession under color of title. The proposition of law contended for by the appellant — that where two or more adjacent tracts of land are conveyed, and the grantor has title to only one of them, actual possession under the deed of one…
2Cases cited2 opinions
- Chaney v. Burford Lumber Co.Supreme Court of Alabama · 1902
- Jones & Co. v. TuckerSupreme Court of Alabama · 1901
3Cited by4 opinions
- Montgomery-Moore Mfg. Co. v. LeethAlabama Court of Appeals · 1911
- Mobile Light & Railway Co. v. DavisAlabama Court of Appeals · 1911
- Central of Georgia Ry. Co. v. Goodwater Mfg. Co.Alabama Court of Appeals · 1915
- Joseph v. StateAlabama Court of Appeals · 1920