McQueen v. Logan
Supreme Court of Alabama
Appear from Lowndes Circuit Court. Tried before lion. John Moore. This action was brought- by the children, heirs at law of Jane C. McMeans, against James G. McQueen, to recover a tract of land lying in Lowndes county, with damages for its detention; and was commenced December 9th, 1884. The defendant pleaded : 1. The general issue. 2. The statute of limitations of ten years. 3. Adverse possession. 4. Statute of limitations of twenty years. Upon these pleas issue was joined.
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Appear from Lowndes Circuit Court. Tried before lion. John Moore. This action was brought- by the children, heirs at law of Jane C. McMeans, against James G. McQueen, to recover a tract of land lying in Lowndes county, with damages for its detention; and was commenced December 9th, 1884. The defendant pleaded : 1. The general issue. 2. The statute of limitations of ten years. 3. Adverse possession. 4. Statute of limitations of twenty years. Upon these pleas issue was joined. The plaintiffs, against the objection of the defendant, offered in evidence a deed executed by William Payne on the…
1Opinion of the CourtStone, C. J.
McWhorter went into possession of the lands sued for in 1856, under a deed of bargain and sale made by Mrs. McMeans through Davis her attorney in fact. Whether that deed was valid or not we need not inquire. When McWhorter purchased he went into possession, and remained in possession without interruption until 1870, claiming all the while in independent right, and exercising acts of ownership. Prom that time down to the trial in this cause, McQueen, the appellant, has had and held McWhorter’s right, and has himself been in independent possession. During all that time — twenty-eight years —…
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