Doe ex dem. Kennedy's Heirs v. Reynolds
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. 0. W. Rapieb. Ejeotment for a lot of land in the city of Mobile ; separate demises being laid from William R. Hallett, as executor of Joshua Kennedy, deceased, and from the children and heirs-at-law of said Kennedy. The defendant entered into the usual consent rule, pleaded not guilty, and made the statutory suggestion of adverse possession and valuable improvements.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. 0. W. Rapieb. Ejeotment for a lot of land in the city of Mobile ; separate demises being laid from William R. Hallett, as executor of Joshua Kennedy, deceased, and from the children and heirs-at-law of said Kennedy. The defendant entered into the usual consent rule, pleaded not guilty, and made the statutory suggestion of adverse possession and valuable improvements. The suit was commenced in July, 1852, and the trial was had in May, 1853. “ When the case was called for trial,” as the bill of exceptions states, “ the defendant…
1Opinion of the CourtG-Oldthwaite, J.
We regard the admission of Mrs. Horton as a witness for the defendant on the trial below 'as ■ erroneous, for the reason, that by her own statement she was his tenant, (Ames v. Schuesler, 14 Ala. 600 ; S. C., 16 Ala. 73), and a tenant cannot be a competent witness for his landlord ; for if the verdict is against him, he would be liable for the mesne profits, and might also be turned out of possession, (Doe v. Forster, Cowp. 621; Bourne v. Turner, Strange, 632; Jackson v. Hill, 8 Cowen, 290) ; and his interest is not balanced, for the mesne profits may be more than the rent of the land. —…
2Cases cited8 opinions
- Willison v. WatkinsSupreme Court of the United States · 1830
- Schuisler & Donnell v. AmesSupreme Court of Alabama · 1849
- Jackson ex dem. Colton v. HarperNew York Supreme Court · 1830
- Frierson v. FriersonSupreme Court of Alabama · 1852
- Jackson ex dem. Beekman v. HavilandNew York Supreme Court · 1816
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3Cited by13 opinions
- Cobb v. RobertsonTexas Supreme Court · 1905
- Elder v. McClaskeyCourt of Appeals for the Sixth Circuit · 1895
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- Gould v. CarrSupreme Court of Florida · 1894
- Gunn v. HowellSupreme Court of Alabama · 1859
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