Legal Opinion

White v. Hutchings

Supreme Court of Alabama

Decided June 15, 1866PublishedCited by 12 opinions

Appeal from the Circuit Court of Montgomery. Tried before the Hon. Jno. Gill Shorter. This action was brought by Mrs Elizabeth White, against Stephen Hutchings, to recover a lot in the city of Montgomery, which is described in the deed hereinafter copied.

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Appeal from the Circuit Court of Montgomery. Tried before the Hon. Jno. Gill Shorter. This action was brought by Mrs Elizabeth White, against Stephen Hutchings, to recover a lot in the city of Montgomery, which is described in the deed hereinafter copied. Pending the appeal in this court, the transcript was lost, and a certiorari was awarded to bring up a new record; and the original papers in the court below, except the bill of exceptions, having also been lost, the following agreement, between the counsel of the respective parties, was entered of record in this court: “ It is agreed in this…

1Opinion of the CourtJudge, J.

The transcript of the deed from John Falconer to William Maguire was offered in evidence by the plaintiff in the court below, with an agreement between the parties to the effect, that the copy of the deed, as set out in the transcript, might be regarded as an original paper of the same tenor and date; and that the certificate and endorsements thereon, as shown by the transcript, might be regarded as in the handwriting of G. H. Gibbs, who was, at the date thereof, the clerk of the circuit court for Montgomery county. This presents the question, whether the deed, as specified in the agreement,…

2Cases cited11 opinions

  1. McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
  2. Shorter v. SheppardSupreme Court of Alabama · 1859
  3. Rhodes v. TurnerSupreme Court of Alabama · 1852
  4. Lay's v. Lawson's Adm'rSupreme Court of Alabama · 1853
  5. Milton v. HadenSupreme Court of Alabama · 1858

6 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
  2. Jordan v. McClure Lumber Co.Supreme Court of Alabama · 1910
  3. Allison v. LittleSupreme Court of Alabama · 1888
  4. Prince v. PrinceSupreme Court of Alabama · 1914
  5. Kelly v. Lehigh Mining & Manufacturing Co.Supreme Court of Virginia · 1900

7 more not listed; retrieve them via the Exa API.

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