Lawson v. Orear
Supreme Court of Alabama
Writ of error to the Circuit Court of Talladega. Teespass to try titles. The suit was commenced by John Lawson against Robert Lawson, but Orear was admitted to defend as the landlord of the defendant. At the trial the plaintiff gave in evidence a regular chain of title from the United States to himself; the last link in this chain was a deed from one James Lawson.
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Writ of error to the Circuit Court of Talladega. Teespass to try titles. The suit was commenced by John Lawson against Robert Lawson, but Orear was admitted to defend as the landlord of the defendant. At the trial the plaintiff gave in evidence a regular chain of title from the United States to himself; the last link in this chain was a deed from one James Lawson. There was proof that James, was the brother of the plaintiff, and that Robert Lawson, the original defendant, was his father. Orear offered to prove that, according to general reputation, both Robert and James Lawson were insolvent,…
1Opinion of the CourtGoldthwaite, J.
1. The defendant, insists, that if the admission of general reputation as to the insolvency of the persons named in the bill of exceptions is conceded to be erroneous, yet the judgment ought not to be reversed, because it is not affirmatively shown how this evidence prejudiced the plaintiff. The rule certainly is as stated by the counsel, but the presumption of injury arises whenever irrelevant, or illegal evidence, is forced on a party against his exception. This question has recently been presented to us in a great variety of aspects,but has uniformly received the same answer, to wit: that *786i…
2Cases cited1 opinion
- Branch Bank at Montgomery v. ParkerSupreme Court of Alabama · 1843
3Cited by14 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Price v. Mazange & Co.Supreme Court of Alabama · 1858
- Callaway & Truitt v. GaySupreme Court of Alabama · 1904
- Walker v. ForbesSupreme Court of Alabama · 1854
- Cole v. VarnerSupreme Court of Alabama · 1857
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