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185 Ala. 590

Holder v. Bain

Supreme Court of Alabama

Decided January 22, 1914

Supreme Court of Alabama · decided 1914-01-22

<p> Ejectment. </p> <p>Ejectment; Color of Title; Recovery. — Plaintiff in ejectment claiming title by deed from one who is claimed! to have inherited the property from D. is not entitled to recover as against persons merely shown to be in possession; it not being shown that he ever had possession, and it not appearing that L. ever had it, or claimed title or possession, or that plaintiff’s grantor ever had title or possession.</p>

Cited by 1 later decisions — most recently November 1916

1 state decisions

Relies on Dodge v. Irvington Land Co. · Jackson Lumber Co. v. McCreary · Gist v. Beaumont

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1914-01-22

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SOMERVILLE, J.

¶1The plaintiff in ejectment claims title by deed from Mary Newman, who, it is claimed, inherited the property in suit from her father, one Lollis.

¶2It does not appear that Lollis ever had any title to or possession of the land, nor indeed that he ever even claimed it. Nor does it appear that Mary Newman ever had title or possession. Plaintiff concedes that he himself has never had possession, and it is shown without dispute that defendants have had possession for 10 or 12 years.

¶3On this evidence the trial court should have given the general affirmative charge for defendants as requested *591by them, and not for plaintiff, as was actually done. Gist v. Beaumont, 104 Ala. 347, 16 South. 20; Jackson Lumber Co. v. McCreary, 137 Ala. 278, 34 South. 850; Dodge v. Irvington Land Co., 158 Ala. 91, 48 South 383, 22 L. R. A. (N. S.) 1100; Fleatcher v. Riley, 169 Ala. 433, 53 South. 816.

¶4For the errors of the trial court in these particulars,, the judgment must be reversed, and the cause remanded! for another trial. ^_ ¡

¶5Reversed and remanded.

Anderson, C. J., and McClellan and Sayre, JJ., - concur.
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