75 So. 293 | Ala. | 1917
Appellant, G. W. Eiland; went into possession of land involved in this suit in December, 1904, under an oral contract of purchase with the Miller-Brent Lumber Company, at that time the owner thereof, and remained continuously in possession of said land to the filing of this suit. Appellant testified that in July, 1905, he paid said Lumber Company the purchase price in full, and a deed was then executed to him, but in which there was a mistake in the description, it being described as S. y% of the E. 14 of S. E. % of section. 6, township 5, range 18, and that he has since said date been in possession of said 80 acres of land, residing thereon with his family, claiming the same as his own, cultivating it, and paying the taxes thereon.
W. J. Eiland, through whom appellee claims title, was a son of appellant and living with him as a member of his family. That the mistake was discovered in the deed is clear, but at'what time is uncertain. The son, W. J. Eiland, procured this deed, and the Miller-Brent Lumber Company then made a deed to said W. J. Eiland, January 13, 1910, correctly describing the 80 acres as S. 14 of S. E. 4 and testifies that the deed with the misdescription was given to him either by his father or mother, he does not remember which, but that it was with the understanding that it was to be made to him. Said W. J. Eiland further stated that he brought the deed home and gave it to his mother to keep for him, and that at that time he was living with appellant, his father, as a member of the family, and continued to live there in the place until May, 1910, when he left his father’s home; that he planted a crop on the place, and some time subsequent to the date of said deed mortgaged the land, his father being with him at the time, and in October, 1910, executed to appellee a deed in satisfaction of the mortgage indebtedness; that he did not rent
But it is insisted there was recognition on the part of appellant in the title to the son, and that this was sufficient to interrupt the continuity of possession, citing 2 Cor. Jur. p. 101, and authorities in note. From the evidence in this record, however, that was also a question for the jury’s determination.
There was evidence tending to show actual adverse possession by appellant of all the land involved in this suit as de
' The bond for appeal executed by appellant discloses by its recitals that the suit here and judgment following was in the name of R. Frost, J. R. McGhee, and E. A. Bowers, a late partnership, and in consideration of the cause here we have assumed the suit was brought in the name of the individual members of said firm.
The judgment is reversed, and the cause remanded.
Reversed and remanded.