Alexander v. Wheeler
Supreme Court of Alabama
Appeal from the Circuit Court of Cleburne. Tried before the lion. Leroy F. Box. This action was brought by Calvin M. Wheeler, against George W. Alexander and his mother, Mrs. Anna Alexander, to recover the possession of a tract of land, which was described as the west half of the north-east quarter of section ten (10), township thirteen (13), range eleven (11); and was commenced on the 19th February, 1878. The defendants entered a disclaimer as to all of the lands sued for,…
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Appeal from the Circuit Court of Cleburne. Tried before the lion. Leroy F. Box. This action was brought by Calvin M. Wheeler, against George W. Alexander and his mother, Mrs. Anna Alexander, to recover the possession of a tract of land, which was described as the west half of the north-east quarter of section ten (10), township thirteen (13), range eleven (11); and was commenced on the 19th February, 1878. The defendants entered a disclaimer as to all of the lands sued for, except “one acre in the north-east corner of said land, cut off from it by Little Terrapin creek,” and a narrow strip…
1Opinion of the CourtStone, C. J.
After proving title by Government patent to Arthur Alexander, defendant’s ancestor, granting to him the lands in controversy, plaintiff offered in evidence what on its face purported to be a deed from said Arthur to him, conveying the lands sued for. This deed appeared to be more *171than thirty years old, and purported to have subscribing witnesses. It was offered in evidence without proof of execution. “ The defendant objected to said paper writing being read in evidence to the jury, o.n the ground that its execution was not proved.” This objection, being on a specified ground, was a waiver of…
2Cases cited9 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Brown v. CockerellSupreme Court of Alabama · 1858
- Sharpe v. OrmeSupreme Court of Alabama · 1878
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Humes v. BernsteinSupreme Court of Alabama · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- White, McLane & Morris v. FarrisSupreme Court of Alabama · 1899
- Beasley v. StateSupreme Court of Alabama · 1913
- Stiff v. CobbSupreme Court of Alabama · 1899
- McDevitt v. LambertSupreme Court of Alabama · 1886
6 more not listed; retrieve them via the Exa API.