Hollingsworth v. Walker

• Decision Date: 26 April 1893
• Citation: 98 Ala. 543,13 So. 6
• Parties: HOLLINGSWORTH ET AL. v. WALKER.
• Court: Alabama Supreme Court

13 So. 6

98 Ala. 543

HOLLINGSWORTH ET AL. v. WALKER.

Supreme Court of Alabama

April 26, 1893

Appeal from city court of Gadsden; John H. Disque, Judge.

Action by Fannie Hollingsworth and others against L. K. Walker. From a judgment for defendant, plaintiffs appeal. Affirmed.

Geo. D Motley, for appellants.

J. A Bilbro, for appellee.

STONE C.J.

This is a statutory action for the recovery of lands under section 2696 of the Code of 1886. The lands sued for were originally the property of Jesse C. Leek, under whom both plaintiffs and defendant assert title. The plaintiffs are the heirs at law of Joshua R. Walker, deceased. On the 29th day of May, 1877 Jesse C. Leek and wife executed a deed by which they conveyed the land sued for to Joshua R. Walrke. On the 28th day of September, 1880, Joshua R. Walker and John F. Walker together carried the said deed, and surrendered it, to said Leek. On that day, at their joint request, Leek and wife conveyed the same lands to John F. Walker; and he, the said John F Walker, then and there paid to Leek $1,200, the agreed purchase price of the land. Early in the year 1881 one Patrick went into possession of the land, and occupied and cultivated it during that year. He entered under a contract of letting from John F. Walker, cultivated as his tenant, and paid him rent. Up to this time, neither Joshua R. nor John F Walker had ever resided on the land. The proof is not very specific whether any one actually occupied the lands during the years 1882 and 1883. John F. Walker testified that, to the best of his recollection, he resided on the lands during those years. There was some testimony that John F. Walker did not actually live on the lands until 1884. He testified for himself that he had been in full possession of the lands, living on them, and claiming them as his own, for more than 10 years before the commencement of this suit,-November 3, 1891,-and had rented the lands, and collected the rents, and that Patrick, tenant for the year 1881, went into possession of the lands under him He testified further that in 1888 or 1889 he moved his father, Joshua R. Walker, on the place, and that he, said Joshua R., lived in the yard with the witness until he died, in June, 1890. There was no testimony, other than what is here stated, that Joshua R. Walker ever lived on, or exercised any acts of ownership, or asserted any claim to, the lands, after the deed was made to John F. Walker, in September, 1880, or that during that time he had any tenant in possession of said lands, or any part of them. The surrender back of the deed of May 29, 1877, to Leek, did not have the effect of revesting title in the latter. The legal title still remainded in...