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72 Ala. 77

Stovall v. Fowler

Supreme Court of Alabama

Decided December 15, 1882

Supreme Court of Alabama · decided 1882-12-15

Tried before the Hon. H. C. Speaice. This action was brought by Richard F. Fowler, against William H. Stovall, and was commenced before a justice of the peace, on the 24th March, 1880.

Relies on Allen v. Kellam · Cohen v. State · Elliott v. Stocks

Good law ✅— No negative treatment on recordhow we know

Decided 1882-12-15

How this case has been cited

Cited by 24 later decisions — most recently August 1953

24 state decisions

9018821890190019101920193019401950decided

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.

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BRICKELL, 0. J.

¶1-The validity of the title derived from the sale for the payment of taxes is not, in this case, a material inquiry. The conveyance obtained under it was admissible as color of title, and to show the extent of the possession which had been taken and held by the purchaser and his vendee. When there is an entry upon lands under color of title, by deed or other instrument in writing, and a continuous occupancy, in legal contemplation, there is “ actual possession to the extent of the boundaries contained in the writing; and' this, though the title' conveyed is good for nothing.”—2 Smith’s Lead. Oases (5 Am. Ed.), 563; Allen v. Kellam, 69 Ala. 442.

¶22. The exceptions to the instructions given, and to the in*79structions refused, are too general to avail the appellant, unless it could be asserted there is error in all the instructions given, and that all requested embody correct legal propositions applicable to the evidence.—Elliott v. Stocks, 67 Ala. 336; Cohen v. The State, 50 Ala. 108. Without entering upon a discussion of the instructions, it is apparent this can not be asserted in reference to them.

¶3Let the judgment be affirmed.

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