69 So. 827 | Ala. | 1915
This is a statutory ejectment proceeding, instituted July 31, 1907, and service of process thereunder was effected on August 9, following. On September 2, 1907, the defendant filed the pleas of not guilty and the statute of limitations of three years. On June 4, 1913, defendants filed plea A, by which it was set up that the plaintiff had sold and conveyed the land sued for to the Cullman Property Company after the suit was brought. Plaintiff demurred to the plea, and the court overruled the demurrer. Upon issue joined, the plaintiff proved a paper title from the United States government on down to plaintiff. Defendants proved conveyance of the legal title to the land sued for, from plaintiff, S. Roman, as trustee, to' the Cullman Property Company, on June 1, 1911, and rested. Thereupon the plaintiff offered to prove adverse possession of the land in defendants at the time of the execution of the deed by plaintiff to the Cullman Property Company. Defendants objected to this testimony, and the objection was sustained. To this action of the court the plaintiff excepted. This being all of the evidence, the court gave the general affirmative charge for the defendants.
The judgment of the circuit court is affirmed.
Affirmed.