47 So. 78 | Ala. | 1908
— The receipt upon which complainant relies as color of title does not purport to convey the lands described in it. It possesses no semblance of title, not containing any words of. transfer of the lands. As said by the Supreme Court of the United States in Deffeback v. Hawke, 115 U. S. 407, 6 Sup. Ct. 95, 29 L. Ed. 423: “There can be no color of title in an occupant who does not hold under any instrument, proceeding, or law purporting to transfer to him the title or to give to him the right of possession.” See, also Webb v. Mullins, 78 Ala. 110; 1 Am. & Eng. Ency. Law (2d Ed.) pp. 846, 857, and notes. It therefore cannot be looked to for the purpose of extending complainant’s possession to the boundaries of the lands described in it.
But the complainant does not now and never has claimed the whole of the tract described in this receipt, but only 10 acres of it, the boundaries of which are definitely defined in his bill and by the survey which he had made of it in the year 1882. The tract, which contained
Beversed and rendered.