Arendale v. Washington

• Decision Date: 16 April 1925
• Docket Number: 8 Div. 567
• Citation: 213 Ala. 23,104 So. 133
• Parties: ARENDALE et al. v. WASHINGTON et al.
• Court: Alabama Supreme Court

104 So. 133

213 Ala. 23

ARENDALE et al. v. WASHINGTON et al.

8 Div. 567

Supreme Court of Alabama

April 16, 1925

Appeal from Circuit Court, Jackson County; W.W. Haralson, Judge.

Bill in equity by E.W. Arendale and others against Mazie Washington and others. Decree for respondents, and complainants appeal. Affirmed.

Ernest Parks, of Scottsboro, for appellants.

D.P. Wimberly, of Scottsboro, for appellees.

SOMERVILLE, J.

Under the evidence before the trial court it was correctly held that the possession of Mazie Washington amounted to an ouster and disseisin of her several cotenants, initiating an adverse possession, which, having continued for more than 10 years, effected a divestiture of their title in favor of the adverse occupant. Abercrombie v. Baldwin, 15 Ala. 363; Brady v. Huff, 75 Ala. 80; Ashford v. Ashford, 136 Ala. 631, 34 So. 10, 96 Am.St.Rep. 82; Hamby v. Folsam, 148 Ala. 221, 42 So. 548.

Under the statute (Code 1907, § 2830; Code 1923, § 6069) the assessment of the lands for taxation by the adverse occupant dispensed with the necessity of color of title in her.

All other questions in the case are irrelevant, and their consideration is therefore unnecessary.

Let the decree of the circuit court be affirmed.

Affirmed.

ANDERSON, C.J., and THOMAS and MILLER, JJ., concur.