The Montgomery advertiser., 1906-06-03

|
 son. JJ., concur.
 DOE ex dem ANNIsToN CITY LAND
 CO. V. EDMONDSON.
 Ejectment-Decided Feb. s, 190es--(4c | So. Rep. 505)
 1. Evidence; declaration; title: per
 son not in possession.-A declaration
 while on the land. but not in possession l and with no claim of ownership, that he | had sold the land to third person.
 Is not admissible as evidence for the
 plaintiff claiming through such third l person.
 g. Witness: competency; interest," | It being shown that J., in whom one 1 of the demises was laid, was dead, ana
 mise. 1t is not good grounds of objec- 1 tion to the competency of the witness
 M. that Us, estate was interested In the | result of the suit 1 title-A deed describing the land and 1 containing warranty of title, but no | words of transfer, was properly ad- | mitted as color of title. and as tending | to show an asserted claim of owner | ship to the land by grantee. an essen 1 tial element of adverse possession. {. Same: warranty of title: estoppel. | A deed containing no words of trans | fer. but describing certain lands and
 containing a warranty of title. works an estoppel against the grantor-to as
 rest title against grantee or to defeat
 an assertion of title by grantee against | grantor, and also estops grantor to assert an after acquired title to the | lands against grantee.
 B. Adverse possession; evidence; per i mission to use land.-To estop defend- | ant. who claims title by adverse pos
 session. to testify that he gave C. per | mission to make charcoal upon the l land, 1t is insumbent upon plaintiff to
 show that C.. at that time. occupied 1 tG ia arxy al Ia
 ton to one under whom plaintiff | claims.
 claiming land by adverse possession | may show that 1t was generally known | in the vicinity of the land that such 1 one claimed title to 1t. not for the pur- l pose of showing title, but as showing l the nntoriety of his claim.
 | T. Same; taxation: assessment evi- dence The plaintiff in ejectment hay | ing introduced the original tax assess ment books 10 show that the lands | claimed adversely by defendant had not | been assessed to him, the defendant | may testify that he gave such land in | to be assessed for taxes. the original | assessment sheets not being in his pos | session and being presumptively lost, | as defendant cannot be held to be con- | cluded by any mistake that may have | been made by the tax assessor In fail- l ing to transcribe an assessment sheet l upon the books.
 | D. | facts.-Where there is a conflict in the | eyiderce as to any fact, a charge which
 assumes such fact, is properly re-
 9. Same, submitting question ot-1aw
 to iurv--It being undisputed that a : | the time of the execution Of the deed l from w l. Co. to A C. L. CO. E was Tn | tbr adverse possession of the land at l tempted 10 be conveyed thereby, the ] deed was void as to E, as matter of l law. and the jury should have been so 1 instructed, and charge which lett IL l to the jury to determine whether the | w I CO had conveyed all it's title be- | fore the commencement of this action,
 was improper, in that it submitted question of law to the tury, | To- Ejectment; title of plaintin. In 1 the absence of evidence showing that l the patentee of the land. and who was | shown to have been dead before the | Commencement of thls suit. had ever | conveyed the land tu any one, hts pat
 ent did not operate as color of title to | plaintiff or any of plaintiffs lessors, as | patentees legal title descended to- his
 13 Adverse possession; color of ti- 1 tle-A deed executed 9t later day and 1 dated back several years is not thereby i rendered void. but operates as color of | tffle from the true date of It's execution 1 It relieves the grantee of being tres | noeear. but does not operate 10 extend | his r6ssrssIon beyond his possessio pc dis for the time preceding its true exc
 IA Ftectmeut. defenses; title in | third rorsonz If no estoppel be shown. 1 the defendant in eiectment being in | povsession under color of title and un- | der purchase from another, may avail | himself of the fact that the legal ti- l tic is in a third person. and put plaintiff 1 to proof of tItlo by adverse possession, l and unless nlainuff can establish such ! title in one of its lessors living at the | commcncement of the suit. plaintiff i5 Evidence; declarations by grant
 or.-peclara tons by a grantor made af-
 ter the execution or deed to his | grantee.