120 Ala. 193 | Ala. | 1897
The statute on which the action is founded, as is insisted by the appellee, has been uniformly construed as intended for the protection of the freehold from spoliation or destruction, and the remedy it gives as extending to the owner of the freehold exclusively.—Gravlee v. Williams, 112 Ala. 539; Higdon v. Kennemer, supra, and the authorities cited. But no higher or other evidence of ownership of the freehold is necessary to support an action founded on the statute, than would be necessary to support an action of trespass, the common law remedy for the injury to the freehold, or an action of ejectment for the recovery of possession. Possession of land, however recent, is prima facie evidence of title, and will support an action for an injury to the freehold, or for the recovery of possession against one who does not show a better right.—McCall v. Doe, 17 Ala. 533; Edkin v. Brewer, 60 Ala. 579; Eagle & PhoenixMan. Co. v. Gibson, 62 Ala. 369. In Tyler on Ejectment, 70, it is said : “It is a maxim of the law that the party in possession of lands is presumed to have a valid title thereto, and this presumption can be overcome only by proving title out of such party. Indeed, it has been said that possession of real estate is prima facie evidence of the highest estate in the property ; that is, a seisin in fee.” In Garrett v. Lyle, 27 Ala. 586-90, it was said by Goldth watte, J.: “We do not deny, that in equity, as well as at law, the plaintiff must recover on the strength of his own title ; but because this is the rule, it does not
Let the judgment be reversed and the cause remanded for further proceedings in conformity to this opinion.