Murray v. Hoyle

• Decision Date: 22 May 1891
• Citation: 92 Ala. 559,9 So. 368
• Parties: MURRAY v. HOYLE.
• Court: Alabama Supreme Court

9 So. 368

92 Ala. 559

MURRAY v. HOYLE.

Supreme Court of Alabama

May 22, 1891

Appeal from circuit court, Mobile county; WILLIAM E. CLAUKE, Judge.

This is statutory real action in the nature of ejectment, brought by the appellant, Hugh Murray, against the appellee, George H Hoyle, and sought to recover a certain lot specifically described in the complaint. The plaintiff based his right of recovery on two grounds: First, actual possession under claim of title at the time of entry of the defendant May 29, 1889; and, secondly, the continuous, open notorious, and adverse possession from 1862 to 1889. The defendant based his right to the property in controversy upon several successive on conveyances; but it was not shown when the title of the first grantor of this conveyance vested in him. In 1889, the defendant instituted an action of unlawful detainer, recovered a judgment against the plaintiff, and dispossessed him of the property. Being thus ejected, the plaintiff brought the present action. The plaintiff requested the court to give the following written charges: (1) "The court charges the jury that, if the use and occupation of the property is open, notorious, and hostile against all the world, that is sufficient notice, if accompanied by claim of ownership; and, if such a possession and occupation continue for the period of ten years, then the jury must find a verdict for the plaintiff." (3) "The court charges the jury that, if they believe from the evidence that the plaintiff was in the actual use and adverse possession of the property sued for, on the 5th day of August, 1867, claiming it as his property, then the deed from Grinnell to Frederick would be void." (4) "The court charges the jury that actual notice is not necessary to be given to the owner of the property of the actual use occupation, and adverse possession of said property under claim of ownership. If that adverse possession is open, notorious, public, and against all the world, accompanied by claim of ownership, then that is sufficient notice to the owner; and, if that continues for ten years, then you must find for the plaintiff." (5) "The court charges the jury that, if they believe from [the evidence] that, in conversation with the defendant in 1889, the plaintiff stated that he had two hundred dollars for the lot, that would not be sufficient to authorize a verdict for the defendant." (10) "The court charges the jury that, if they believe from the evidence that the plaintiff was in the actual use, occupation, and possession of the property, claiming it as his own, openly and notoriously, in hostility to all the world, on the 18th day of February, 1889, the date of the deed from Martin Frederick to Elizabeth McKinstry, then said deed would be void, and the jury must find for the plaintiff." (11) "The court charges the jury that if they believe from the evidence that the plaintiff has been in the continuous, actual use, occupation, or possession of said property, under claim of ownership, adversely against all the world, from 1862 to 1888, and if he was in said actual adverse possession of said property, claiming it, as aforesaid, on the 18th day of February, 1889, then the McKinstry deed would be void, and you must find for the plaintiff." The court refused to give each of these charges as requested, and the plaintiff separately excepted to the refusal to give each charge. There were exceptions reserved to the rulings of the court in overruling the objection of the plaintiff to the introduction in evidence of the several deeds offered by the defendant. There was judgment for the defendant, and the plaintiff now brings this appeal, and assigns the rulings of the lower court as error.

Wm. E. Richardson, for appellant.

McIntosh & Rich, for appellee.

CLOPTON J.

The following propositions should be regarded as too firmly established by the former rulings of this court to admit of discussion: First. Possession of land under claim of right or...