Doe ex dem. Anniston City Land Co. v. Edmondson

• Decision Date: 21 July 1904
• Citation: 37 So. 424,141 Ala. 366
• Parties: DOE EX DEM. ANNISTON CITY LAND CO. ET AL. v. EDMONDSON.
• Court: Alabama Supreme Court

37 So. 424

141 Ala. 366

DOE EX DEM. ANNISTON CITY LAND CO. ET AL. v. EDMONDSON.

Supreme Court of Alabama

July 21, 1904

Appeal from City Court of Anniston; Thos. W. Coleman, Jr., Judge.

Ejectment by the Anniston City Land Company and others against W. J Edmondson. From a judgment in favor of defendant, plaintiffs appeal. Reversed.

J. J Willett, for appellants.

E. H Hanna, for appellee.

HARALSON J.

The main case was an action of ejectment by the Anniston City Land Company, for the recovery of the land described in the complaint. Adverse possession for the statutory period was relied on by the plaintiff for a recovery, and by the defendant, W. J. Edmondson, as a defense. Neither party traced title to the government, but each proved the exercise of acts of ownership, allowed in evidence, in respect of his claim by adverse possession.

Judgment was rendered in the court below in favor of the defendant. A motion was made by defendant for a new trial, based on many grounds, which motion was overruled, and this appeal is from the judgment of the court overruling that motion.

Among the grounds for a new trial, were the following: (1) "The plaintiff offered in evidence the tax assessment books of Calhoun county, separately showing the property assessed to W. J. Edmondson for the year, 1878 (and) showing that the lands in litigation for this year are not included in the property assessed to him, W. J. Edmondson." (2) Plaintiff offered in evidence the original tax assessment books of Calhoun county, showing the property assessed to W J. Edmondson for the following years, 1879, 1881, 1883 and 1884, separately, showing the property assessed to said W. J. Edmondson, and showing that the lands in question were not included in the property assessed to him for either of those years. (3) Said books were offered for the years from 1868 to 1874, both inclusive, showing no assessments in any of those years in Calhoun county for or by W. J. Edmondson, of the lands in dispute or any other lands. (4) Said books were offered for the years 1868 to 1887, both inclusive, showing that in none of these books was the land in litigation assessed to said W. J. Edmondson.

The court refused to allow these assessment books to be introduced, and the defendant excepted in each instance to the ruling of the court. These tax books should have been received in evidence, as tending to show that Edmondson did not claim the land...