Inglis v. Webb

• Decision Date: 01 February 1898
• Parties: INGLIS v. WEBB.
• Court: Alabama Supreme Court

23 So. 125

117 Ala. 387

INGLIS v. WEBB.

Supreme Court of Alabama

February 1, 1898

Appeal from circuit court, Jackson county; J. A. Bilbro, Judge.

Action in ejectment by Letitia E. Webb against George Inglis. Judgment was rendered for plaintiff, and defendant appeals. Affirmed.

This was a statutory action of ejectment, brought by the appellee against the appellant. The facts of the case are set forth at length in the opinion. Sam Inglis, a witness for the defendant, having testified that his father, Elijah Inglis had been in possession and control of the lands for as long as he could remember,-20 or 25 years,-was asked: "Did you ever hear your father explain about the title to the land,-how it came and passed through the family?" The plaintiff objected to this question, which objection the court sustained, and the defendant duly excepted. Upon the introduction of all the evidence the court, at the request of the plaintiff, gave to the jury the following written charges: (1) "Lige Inglis, under the law, when his two sisters died intestate, acquired an interest as tenant in common in the land, if the land had been exchanged with the sisters for their interest in their father's lands; and if he took control of the land as a tenant in common with his sister Ann, then his (Lige Inglis') possession was the possession of Ann Inglis. One tenant in common cannot claim adversely to another until he first brings it to the knowledge of his co-tenant that he is claiming it adversely to such tenant." (2) "If Inglis once went into the possession and control of the land for his sister recognizing her title, then his possession continued to be her possession, unless he brought the knowledge home to her by word or act that he no longer claimed the possession for her, but claimed it adversely to her, and for himself; and the burden is on the defendant to show this notice to her of his adverse claim." (3) "If Lige Inglis purchased the Harris land, and placed his sisters in possession, before the war, in consideration for the interest which they had as heirs at law in the lands of their deceased father, Sam Inglis, and they each (his sisters and Inglis) went into the adverse possession of the lands they respectively acquired and the possession of the sisters, or the survivor of them retained the possession for ten years, claiming the same under said trade or exchange, then this vested the title in the sisters, subject to the laws of descent as his sisters successively died; but in computing the ten years the time during the war must be deducted." The defendant excepted to the giving of each of these charges, and also separately excepted to the court's refusal to give each of the following charges requested by him: (1) "If the jury believe the evidence, they will find the issues in favor of the defendant." (2) "If the jury believe from the evidence that the parties all claimed title through Dr. G. H. Harris, and held as purchasers recognizing his legal title until the deed was made, then there was no adverse possession against him, and the legal title passed under the deed to E. R. Inglis. In that event, plaintiff cannot recover." (3) "The court charges the jury that if it be true that the lands were sold or exchanged to his three sisters, then upon the death of the first her interest passed in part to E. R. Inglis, and he became a tenant in common with the others, and had a right of possession with them; and if, while the possession was so held, E. R. Inglis acquired a deed, the legal title passed to him, and plaintiff cannot recover." (4) "Adverse possession is an open possession under claim of title against all the world. And if Aunt Ann held in common with E. R. Inglis after the death of her sisters, she could have no adverse title against said E. R. Inglis, unless she openly asserted it against him, and the same was brought home to him." (5) "The statute of limitations did not run in this state from the 11th day of January, 1861, to the 21st day of September, 1865. Deducting this space of time, title by adverse possession could not become perfect from the 1st day of January, 1858, to the date of the deed from G. M. Harris and wife to E. R. Inglis. The court therefore charges that title by adverse possession under the evidence was not complete at the date of the execution of said deed. The legal title passed to E. R. Inglis, and the plaintiff cannot recover." There were verdict and judgment for the plaintiff. The defendant appeals, and assign as error the several rulings of the trial court to which exceptions were reserved.

Martin, Bouldin & Ashley, for appellant.

J. E. Brown, for appellee.

HEAD J.

Statutory real action by appellee against appellant. The plaintiff's evidence tended to show that some time from 1858 to 1860 Elijah Inglis, Jr., by parol, exchanged the land in suit for the interests of his three sisters, Letitia, Ann and Jane, Inglis, in certain other lands inherited from their father, or purchased the lands in suit, for his said sisters, from G. M. Harris, in exchange for their interests in said inherited lands; that the sisters went into possession, claiming title under such purchase or exchange, and occupied them, as their place of residence, until Letitia died, about the beginning of or during the Civil War; no written evidence of the exchange was introduced or shown to have existed. Jane died some time during the war; that about or just after the close of the war, Ann, the only remaining sister, removed from the lands, and thereafter resided in a little house built for her by said Elijah Inglis in his yard, until her death, in 1895; that said Elijah also died in 1895, after the death of Ann; that after Ann's removal from the place said Elijah controlled the lands, rented them, and collected the rents, but set up no claim of title; that he admitted at various times that the lands belonged to her, and that he had given them to the three si...