107 Ala. 616 | Ala. | 1894
The pleas in the case were the general issue and adverse possession, of the land sued for, for more than ten year's before suit brought. The plaixxtiffs below, appellees, were the widow and children of Aai’on Beddingfield. They and the appellant, defendant below, claim title from the same source — from Henry Beddingfield and the proof tended to show, that Henry had been dead about six, and Aaron about five year's. The plaintiffs introduced in evidence a deed from
The defendant introduced a deed from said Henry Beddingfield to him, for said three acres of the land conveyed to said Aaron, which was in the extreme comer of the quarter section, north of the public road, which deed was executed in 1881, without date, but was probated the 11th of July of that year ; and the proof tended to show that defendant went into possession of the three acres, and held and claimed the same, continuously, ever since. Under the charge of the court, these three acres were excepted from the verdict and judgment for the plaintiff, andtlmappeal has no reference to them. The other evidence for the defendant tended to show, that the lands inside the fence, were known and called the Henry Beddingfield tract or field, as long as he lived, and since his death, as the Charles Ivey tract. The defendant introduced a deed to the lands in the enclosed field, including the land in controversy, from Henry Beddingfield to him, of date, the 1st of March, 1880. Testifying for himself, he stated that he knew the land sold by said Henry to said Aaron and which the latter was put in possession of-by said Henry ; that said Aaron set up no title to the land in suit; that he, the defendant, had looked after the lands for said Henry for ten years before his death; but had no interest in it, until about six years before the trial. There was no evidence introduced by him, other than that specified above, tending to show acts of ownership by said Henry over the land claimed, after he sold it to said
Affirmed.