Hammond v. Blue
Supreme Court of Alabama
Appeal from Coffee Circuit Court. . Tried before lion. John P. Hubbard. Statutory action of ejectment by Mrs. Mary J. Hammond and others against J. D. Blue.
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Appeal from Coffee Circuit Court. . Tried before lion. John P. Hubbard. Statutory action of ejectment by Mrs. Mary J. Hammond and others against J. D. Blue. Plaintiffs claim title by adverse possession in themselves and those under whom they, claimed, tracing back to the period of the civil-war.11 ItSvas proved for plaintiffs1 that the defendant went into possession of the land sued for under a contract by which-hé‘ wah to 'fence in ‘the land and was to surrender it to,plaintiffs op demand; that such demand was made before the institution of the suit, and -defendant…
1Opinion of the CourtDowdell, J.
— The undisputed evidence in this case shows that prior to the time appellee Blue went into the possession of the lot in question, Mrs. Mary Hammond, for herself and her minor children, had possession of the same under a claim of ownership; that said, Blue went into possession under an agreement with Mrs., Hammond, by which he was permitted to enclose said lot under a fence with other land, and furthermore, that he would deliver up the possession of the same to1 Mrs. Hammond on demand. By this agreement, the relation of landlord and tenant was, in effect, created. The possession by Blue…
2Cases cited5 opinions
- Elliott v. DyckeSupreme Court of Alabama · 1884
- Jones v. HaglerSupreme Court of Alabama · 1891
- Wells v. SheererSupreme Court of Alabama · 1884
- Knabe v. BurdenSupreme Court of Alabama · 1889
- Farrow v. Nashville, Chattanooga & St. Louis RailwaySupreme Court of Alabama · 1895
3Cited by10 opinions
- Childress v. SmithSupreme Court of Alabama · 1933
- Lewis v. BurchSupreme Court of Alabama · 1926
- Perryman v. WrightSupreme Court of Alabama · 1914
- Stewart v. JoinerSupreme Court of Alabama · 1958
- Alabama Butane Gas Co. v. Tarrant Land Co.Supreme Court of Alabama · 1944
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