McCall v. Doe ex dem. Pryor

Citations

• 17 Ala. 533

Syllabus

<p>1. A prior possession of land, accompanied with acts of ownership, by one from whom the plaintiff deduces title, will authorise a recovery against a defendant, who is afterwards found in possession without any claim or title to the premises.</p> <p>2. Where one is shown to have been in the prior possession of land, exercising acts of ownership, and others are afterwards found in possession of the same premises, the presumption, in the absence of evidence of an adverse claim, is that the possession of the latter is in subordination to that of the prior occupant.</p> <p>S. Where on the trial of an ejectment, it is shown that one, upon whose mere presumptive title the plaintiff relies, left the possession of the land, the question whether or not he left it ammo revertendi is for the consideration of the jury, but the court may decide, whether or not, from the facts of the case, such a question arises.</p> <p>4. Where the question of the animus revertendi, arising upon the relinquishment of the possession of land by the presumptive owner, appears not to have been made, but waived in the primary court, it will not be pronounced on in this court.</p>