Graham v. Partee
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the I-Ion. J. A. Bilbro. This was a statutory action of ejectment, brought, by the appellant, Benjamin Graham against the appellee, A. M. and Emma J. Partee, to recover the possession of certain lands specifically described in the complaint. The basis of the defendant's claim to the lands sued for and the other facts of the case are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Cherokee. Tried before the I-Ion. J. A. Bilbro. This was a statutory action of ejectment, brought, by the appellant, Benjamin Graham against the appellee, A. M. and Emma J. Partee, to recover the possession of certain lands specifically described in the complaint. The basis of the defendant's claim to the lands sued for and the other facts of the case are sufficiently stated in the opinion. Upon the introduction of all the evidence, the court refused to give the general affirmative chaTge requested by the plaintiff, and gave the general affirmative charge…
1Opinion of the CourtDowdell, J.
There is nothing in the suggestion in argument by counsel for appellees that the bill of exceptions was-signed out of time. It appears from the record that the bill was signed in vacation, but within the time fixed by the order of the court. No motion ivas made either before or at the time of the submission of the case to strike from the bill of exceptions, what purports to be a contract executed by Emma J. and A. M. Partee for want of a sufficient identification, and the cause having been regularly submitted on the merits, the insistence in argument to strike out the contract comes too •…
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