Wilson v. Campbell
Supreme Court of Alabama
Appeal from the Circuit Court of Clarke. Tried before the Hon. Wi. S. Mudd. This action was brought by L. J. Wilson, against Archibald Campbell, to recover certain lands which were described in the complaint as follows: “The south-east quarter of section seven, township eleven, range one east, containing one liiindred and sixty 61-100 acres; the south-west quarter of section eight, same township and range, containing one hundred and sixty 92-100 acres; the north-east quarter…
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Appeal from the Circuit Court of Clarke. Tried before the Hon. Wi. S. Mudd. This action was brought by L. J. Wilson, against Archibald Campbell, to recover certain lands which were described in the complaint as follows: “The south-east quarter of section seven, township eleven, range one east, containing one liiindred and sixty 61-100 acres; the south-west quarter of section eight, same township and range, containing one hundred and sixty 92-100 acres; the north-east quarter of section eight, same township and range, containing' one hundred and sixty 92-100 acres ; the south-west quarter of…
1Opinion of the CourtBice, C. J.
—The execution in favor of Joseph B. Skinner against Henry A. Skinner was offered by the defendant in this action, in connection with other evidence, to show title in himself to the land in controversy. It wras not void on its face. Conceding that its weight and effect would have been destroyed by proof of the fact, that the plaintiff therein (the said Joseph B. Skinner) died before it issued ; yet, as that fact was not admitted, but was contested, its determination, in this action, belonged not to the court, but to the jury. As the execu*254tion was, prima facie, valid and admissible, and its…
2Cases cited3 opinions
- Driver v. SpenceSupreme Court of Alabama · 1840
- Ulmer v. AustillSupreme Court of Alabama · 1839
- Blann v. ChamblissSupreme Court of Alabama · 1839
3Cited by3 opinions
- Crim v. Louisville N. R. R. Co.Supreme Court of Alabama · 1921
- Glover v. CoxSupreme Court of Georgia · 1912
- Davidson v. KahnSupreme Court of Alabama · 1898