Woods v. Nabors
Supreme Court of Alabama
This was an action of trespass' by Nabors against Wood, in the Circuit Court of Jefferson county, brought to try the title, and recover possession of a half quartet-section of land. General issue. Verdict and judgement for plaintiff.
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This was an action of trespass' by Nabors against Wood, in the Circuit Court of Jefferson county, brought to try the title, and recover possession of a half quartet-section of land. General issue. Verdict and judgement for plaintiff. On the trial the plaintiff gave in evidence, a certificate of the Register of the United States Land Office at Tuscaloosa, stating that at the public sales there on the-day of January, 1825, the plaintiff and one Lane, were the highest bidders, and purchased the land in controversy, and that Lane had assigned to the plaintiff. The defendant objected to this…
1Opinion of the Court
JUDGE SAFFOLD
delivered the opinion of the 'Court.
In admitting the evidence objected to, the Circuit Court seems to have limited it to prove “ the time when the lands were sold,” in order as it would seem to enable the jury to ascertain the time that possession had been withheld. The certificate introduced, appears to have been an extra official paper, not necessarily issued by the Register in the regular discharge of the duties of his office. There is no law authorizing such officers to certify such facts as evidence, although they bear relation to, or are connected with their offices. We ate…
2Cited by2 opinions
- Bonner v. PhillipsSupreme Court of Alabama · 1884
- Weil Bros. v. Southern Ry. Co.Alabama Court of Appeals · 1926