Carr v. Miller
Supreme Court of Alabama
Appeal from Marengo Circuit Court. Heard before Hon. John T. Lackland. Ejectment by J. F. Miller against Cuba Carr. Judgment for plaintiff and defendant appeals.
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Appeal from Marengo Circuit Court. Heard before Hon. John T. Lackland. Ejectment by J. F. Miller against Cuba Carr. Judgment for plaintiff and defendant appeals. Plaintiff was not entitled to recover and the court erred in giving the affirmative charge. — Bofefr v. Schening, 98 Ala. 338; Bruce v. Bradshaw, 69 Ala. 360; Scranton v. Ballarcl, 64 Ala. 403; 78 Ala. 150. Parties may try their controversies on illegal evidence if they choose to do so. — Moon v. Browder, 72 Ala. 79. At the time the conveyance ivas made the land was held adversely and hence, the deed was void. — Watson v. Mocil; 76…
1Opinion of the CourtSayre, J.
Statutory action of ejectment by the appellee against the appellant. The plaintiff traced title, passing by sufficient muniments, from the defendant into himself, and then, probably anticipating the defense, proved the execution and delivery of a deed by himself to E. G. McNeill before suit brought, and that at the date of the last-mentioned deed the defendant was in posession of the land, holding the same adversely. To the case thus shown section 1530 of the Code of 1896, as amended by section 3839 of the Code of 1907, had no application. — Section 10, Code 1907. As the law then was, the…
2Cases cited1 opinion
- Davis v. CurrySupreme Court of Alabama · 1887
3Cited by5 opinions
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