The Montgomery advertiser., 1903-04-17

4.s,.x rtO4ND A-4 A4- V. <aSI1f OA.D Statutory Action of Ejeetment.-Appeai
 1. Adverse possession. nature of.-Al- though adverse possession of land Is d. ways wrongful until its long continuance has rpeEed title in the disseiz0r: yet. whether a wrongful possession is adverse depends, among other considerations, up- on the character of the claim under which 1t is held: it must be hostile to the whole world, under claim of right against all persons and not in subserviency to or recognition of the title of the true owner.
 2. Same, as between administrator and heir.--Where an administrator takes pos session of and holds lands of his dece- don't. in his representative capacity. ufl- der the assumption that in that capacity he has the right and power to take and hold them, but has not that authority in fact, his possession is not adverse to the heirs and can never become adverse to lands in his representative capacity.
 2. Same: knowledge by heir of adverse hoidtng.-Where one has taken possession of and held lands of a deceased person as his administrator, and afterwards repudiafion would not operate to give an adverse character to his possession. as against the heirs, unless and until knowledge of such repudiation has been
 (. Same; husband and wife; adninis- trator and keir.--Where one has taken possession of land as administrator, and while in possession under that clsem of wife. but continued to reside on the land e before, without any visible marks of . change of possession to his wife and without any repudiation by him of the brought to the Knowledge of the heirs, they would still be entitled to recover against hins and those claiming under her. however long her possession may have continued.
 5. Ejectmcnt; evidence: adverse pos- session; taking possession as adrninistra- tor: petitions to sell lands.-In an action of ejectment between heirs of former owner of the land and the administrator and those claiming under the administra- tors wife, evidence is admissible that the administrator took possession as adfninis- trator and so held 1t at the time his wife g possession began; and in this connection a petition by the administrator for an order to sell the land for division among the heirs. and the orders and proceedings thereon, are admissible
 6. Adverse possession as between ten ants in comrnon.-The possession of one tenant in common is prima facie the pos- session of all. and it does not become ad- verse to the co-tenants unless they are actually busted. or unless the adverse character of the possession is actually known to them, or unless the possession Is SO open and notorious in its hostility and exclusfveness as to put them on mo- t1ce of its adverse character.
 '. Same; evidence. notice to co-tenants of change in character of possession.--- Where plaintiffs claimed land as heirs, and defendants claimed under one who had entered as a co-tenant and the char acter of whose possession Qt was claimed) had been changed and become adverse 10 her co-tenants. it was competent for plaintiffs to prove. in rebuttal of evidence tending to show notice to them of the change in the character of the possession. that during all the time of the alleged adverse possession by the co-tenant. her husband living on the land with her, gave in the land for taxes and paid the taxes thereon as the land of plaintiffs ances- tor, that he did this as administrator. and that even after his wife's death he held himself out to plaintiffs as being in possession of the land as such adminis- trator.
 8. Evidence; statement of conclusion.- A statement by a witness that F. knew that A. was in possession of the land sued for claiming 1t as her own, is a statement of a conclusion of fact and is not allowable.
 .. Appeal; assignments of error-aform Of: fevieW,-An assignment of error that ''the court erred in giving charges num- bered from 20 to 45," is too general to bring under review the several charges. and will not avail unless each of said charges should have been refused.
 Reversed and remanded
 Opinion by Mcclellan. c. J.