Foster v. Boulo

Fifth Circuit Court of Appeals

Decided March 29, 1910.)

Fifth Circuit Court of Appeals · decided 1910-03-29

<p>In error to the Circuit Court of the United States for the Southern District of Alabama.</p>

Cited by 4 later decisions — most recently April 1912

3 federal appellate · 1 district ·

2 counsel of record

Relies on Woodstock Iron Co. v. Fullenwider · Boulo v. New Orleans, Mobile & Texas Railroad

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1910-03-29

View the full empirical analysis of this case →

¶1In error to the Circuit Court of the United States for the Southern District of Alabama.

¶2Peter J. Hamilton, for plaintiff in error.

¶3H. Pillans, for defendant in error.

¶4Before PARDEE, McCORMICK, and SHELBY, Circuit, Judges.

¶5PER CURIAM.

¶6With all the evidence offered by the plaintiff below admitted, we are of opinion' that it is insufficient to establish title to the lot in controversy. Besides, see Boulo v. N. O., M. & T. R. R., 55 Ala. 480-493. But, however this may be; the plaintiff’s-claim is barred by the statute of limitations of the state of Alabama, as construed by the Supreme Court of that state. See Woodstock Iron Co. v. Fullenwider, 87 Ala. 584, 6 South. 197, 13 Am. St. Rep. 73; Lowery v. Davis (Ala.) 8 South. 79. The judgment of the Circuit Court is affirmed.