Shipman v. Baxter
Supreme Court of Alabama
ApphaIj to the Circuit Court of Barbour. Tried before the Hon. JonisT GriLB Shorter. . Plaintiff and defendant both deduce title from Jones. A title was outstanding adverse to Jones, at the time when he conveyed to Shipman, and adverse possession was held by bis grantee, or those holding under him. Shipman had never taken possession under Lis deed; for Baxter was in peaceable possession, bolding adversely to bim.
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ApphaIj to the Circuit Court of Barbour. Tried before the Hon. JonisT GriLB Shorter. . Plaintiff and defendant both deduce title from Jones. A title was outstanding adverse to Jones, at the time when he conveyed to Shipman, and adverse possession was held by bis grantee, or those holding under him. Shipman had never taken possession under Lis deed; for Baxter was in peaceable possession, bolding adversely to bim. Baxter, therefore, could be guilty of no trespass while such possession continued. Shipman had never made any entry upon the land; and even if Baxter be considered a disseizor, no…
1Opinion of the CourtPhelan, J.
— Shipman sued Baxter in an action of trespass guare clausum fregit to recover damages for the cutting of some trees. The proof conduced to show that, at the time of the alleged trespass, the locus in quo was wild or uncleared land, “never in the actual possession of either party.”
Shipman showed paper title in himself, by patent from the United States to one Jones, and by deed from Jones to himself in 1836.
The defendant also produced paper title from one Lewis R McRae to D. McRae, in 1833, from D. McRae to John McRae., in 1844, and from John McRae to himself; in 1845. He also showed “a state…
2Cited by7 opinions
- Bessemer Land & Improvement Co. v. JenkinsSupreme Court of Alabama · 1895
- Powers v. HatterSupreme Court of Alabama · 1907
- Bonham v. LoebSupreme Court of Alabama · 1894
- Knapp v. Alexander-Edgar, Lumber Co.Wisconsin Supreme Court · 1911
- Stockburger v. AderholtSupreme Court of Alabama · 1920
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