Holder v. Bain
| Decision Date | 22 January 1914 |
| Citation | 64 So. 292,185 Ala. 590 |
| Parties | HOLDER et al. v. BAIN. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Jackson County; W.W. Haralson, Judge.
Action by W.N. Bain against Emaline Holder and others. Judgment for plaintiff, and defendants appeal. Reversed and remanded.
Tally & Fricks, of Scottsboro, for appellants.
Bouldin & Wimberly, of Scottsboro, for appellee.
The plaintiff in ejectment claims title by deed from Mary Newman, who, it is claimed, inherited the property in suit from her father, one Lollis.
It 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.
On this evidence the trial court should have given the general affirmative charge for defendants as requested by them, and not for plaintiff, as was actually done. Gist v. Beaumont, 104 Ala. 347, 16 So. 20; Jackson Lumber Co. v. McCreary, 137 Ala. 278, 34 So. 850; Dodge v. Irvington Land Co., 158 Ala. 91, 48 So. 383, 22 L.R.A. (N. S.) 1100; Fletcher v. Riley, 169 Ala. 433, 53 So. 816.
For the errors of the trial court in these particulars, the judgment must be reversed, and the cause remanded for another trial.
Reversed and remanded.
To continue reading
Request your trial
-
Perolio v. Doe ex dem. Woodward Iron Co.
...of limitations." This case has been cited with approval on this point, in Carter v. Walker, 186 Ala. 140, 65 So. 170; Holder v. Bain, 185 Ala. 590, 64 So. 292; Hornsby v. Tucker, 180 Ala. 418, 61 So. 928; Fletcher et al. v. Riley, 169 Ala. 433, 53 So. 816; Owen v. Moxon, 167 Ala. 621, 52 So......
- Hicks v. Burgess