Strange v. King

• Decision Date: 26 June 1888
• Parties: STRANGE ET AL. v. KING.
• Court: Alabama Supreme Court

4 So. 600

84 Ala. 212

STRANGE ET AL. v. KING.

Supreme Court of Alabama

June 26, 1888

Appeal from city court of Birmingham; H. A. SHARPE, Judge.

This was a statutory action of ejectment, brought by Peyton G King against one Gentles, a tenant of the appellants, Strange & White, who were admitted to defend the action. The state of the record title to the property in controversy appears in the opinion. There was evidence that, at the time King erected the house on the land, he was notified of the appellant's claim thereto; that, after the erection of the house, King placed a tenant therein, who remained a few weeks; that thereafter, without King's knowledge or consent, appellants took possession of the property, and rented it to the said Gentles. The cause was tried without the intervention of a jury, and was decided in favor of King the plaintiff, whereupon the defendants appealed.

Webb & Tillman, for appellants.

STONE C.J.

This is a statutory real action for the recovery of one acre of land in the S.W. corner of the N.E. 1/4 of the S.E. 1/4 of section 29, township 17, range 2 W., in Jefferson county. Under a description fatally imperfect, an acre of land, corresponding to this as to section, and somewhat as to its location in the section, was in 1873 conveyed by one Waits to Henderson and Marcus Hamilton, and there is some proof that they occupied it for a time. They then abandoned it, and went to parts unknown. Neither of the parties to this suit is shown to claim under either Waits or the Hamiltons, and neither party connects himself with the title or possession of either of them by any proof shown in this record. The conveyance from Waits to the Hamiltons, and all claim which either of them could assert, we will dismiss from further consideration, as having nothing to do with the case. The common source of title of each of the parties to this suit, both plaintiff and defendants, was Morgan G. Wood. King, the plaintiff, claims that in 1878 Wood and wife conveyed the land in controversy to him. That deed was lost, and testimony was offered of its contents. Strange & White's claim of title was as follows: In 1880, Wood and wife conveyed to Reed & Meade the N.E. 1/4 of the S.E. 1/4 of said section 29, less about one acre in the N.E. corner of said quarter-quarter section. Meade conveyed his half interest to Reed in March, 1882, by the same description. In June, 1885, Reed conveyed the one acre of land sued for to Strange & White, the defendants. So each claimant traces his title back to Morgan G. Wood. But it is shown that Morgan G. Wood derived his title from David Pearson. That deed is in evidence, bearing...