Butler v. Hill
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Ejectment by Lucy Hill against Adolph Butler. Judgment for plaintiff, and defendant appeals. See, also, Butler v. Hill, (mem.) 65 South. 1032. The facts sufficiently appear from the opinion.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Ejectment by Lucy Hill against Adolph Butler. Judgment for plaintiff, and defendant appeals. See, also, Butler v. Hill, (mem.) 65 South. 1032. The facts sufficiently appear from the opinion. The following charges were refused defendant: (2) The certificate of the justice of the peace, Tarver, in the absence of proof of fraud, is sufficient proof of the voluntary execution of said deed by plaintiff, and raises a presumption of its validity, which can only be impeached by proof of fraudulent combination between Butler and B. C.…
1Opinion of the CourtMcCLELLAN, J.
Lucy Hill instituted this action in statutory ejectment against Adolph Butler, to recover four acres of land. The land formerly belonged to Lucy, having come to her through her husband, Warren Hill. Butler’s reliance for right and title to the land is a deed, purporting to have been executed, by mark, by her to him on August 9, 1906, and attested by B. C. Tarver and H. S. Houghton, and acknowledged according to the form prescribed by law before Tarver, as justice of the peace. Tarver died before the trial below. Lucy asserts that this instrument was and is .void, and so on two grounds, as we…
2Cases cited11 opinions
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Freeman v. BlountSupreme Court of Alabama · 1911
- Abney v. DeLoachSupreme Court of Alabama · 1887
- State v. Doster-Northington Drug Co.Supreme Court of Alabama · 1916
- Wright v. Bentley Lumber Co.Supreme Court of Alabama · 1914
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3Cited by4 opinions
- Redwine v. JacksonSupreme Court of Alabama · 1950
- McKenzie v. HixonSupreme Court of Alabama · 1918
- Hagan Bros. v. BeatySupreme Court of Alabama · 1918
- Redwine v. JacksonSupreme Court of Alabama · 1950