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56 Ala. 621

Anderson v. Melear

Supreme Court of Alabama

Decided December 15, 1876

Supreme Court of Alabama · decided 1876-12-15

Tried before the Hon. John K. Henry. This action was brought by Mrs. Musan A. Melear, John M. Parham, and Susan A. Parham, to recover a town lot in Greenville, and was commenced on the 10th April, 1874.

Relies on Jones v. Nelson's

Good law ✅— No negative treatment on recordhow we know

Decided 1876-12-15

How this case has been cited

Cited by 14 later decisions — most recently March 1950

14 state decisions

80187618801890190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

STONE, J.

¶1Deducting tbe time between January 11th, 1861, and September 21st, 18(55, from the period which elapsed between the time when the cause of action accrued, and the date of the writ in this case, the statute of limitations had not perfected a bar when the action was brought. Bev. Code, § 2900; Jones v. Nelson, 51 Ala. 471.

¶2One who has had prior possession of lands, under claim of title, or exercising acts of ownership, may, upon that fact alone, maintain ejectment against one afterwards found in possession, unless the latter set up paramount title in himself, or in some other person. — 1 Brick. Dig. 627, §§ 40, 41.

¶3The rulings of the Circuit Court are in strict conformity to the principles above expressed, and its judgment is affirmed.

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