Hines v. Chancey
Supreme Court of Alabama
Appeal from Circuit Court of Coffee. Tried before Hon. J. McCaleb Wilet. This was an action, in tbe nature of ejectment under tbe Code, brought by LucretiaD. Cbancey against "Win. Hines, to recover certain lands mentioned in tbe complaint. Defendant pleaded not guilty, and went to trial on that plea. Tbe jury found a verdict in favor of tbe plaintiff, and judgment was rendered accordingly.
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Appeal from Circuit Court of Coffee. Tried before Hon. J. McCaleb Wilet. This was an action, in tbe nature of ejectment under tbe Code, brought by LucretiaD. Cbancey against "Win. Hines, to recover certain lands mentioned in tbe complaint. Defendant pleaded not guilty, and went to trial on that plea. Tbe jury found a verdict in favor of tbe plaintiff, and judgment was rendered accordingly. Tbe bill of exceptions recites, that plaintiff was introduced as a witness in her own behalf, and testified that “YiYllierson Ezell, some time in tbe year 1859, made to witness a deed of conveyance to tbe…
1Opinion of the CourtPeck, C. J.
The transcript of the deed from Ezell to the appellee, the plaintiff below, was improperly admitted in evidence.
1.' The loss or destruction of the original was not sufficiently proved. The plaintiff was examined as a witness on her own behalf, and stated that she left the original deed in the office of the probate judge of the county for registration in 1859, and had never seen it since.
The probate judge then in office had been succeeded by another, and it was shown that when he turned over the books and records of the office to his successor, he took away with him the deeds that he had…
2Cases cited2 opinions
- Cox v. DavisSupreme Court of Alabama · 1850
- McCall v. Doe ex dem. PryorSupreme Court of Alabama · 1850
3Cited by7 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Kendrick v. LathamSupreme Court of Florida · 1889
- Burgess & Co. v. BlakeSupreme Court of Alabama · 1900
- Doe ex dem. Hooper v. ClaytonSupreme Court of Alabama · 1886
- State Ex Rel. Gallion v. GrahamSupreme Court of Alabama · 1962
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