Tillman v. Mosely

The first question to be decided in this case is, whether the District Court erred in admitting testimony tó prove that defendant was a resident of Louisiana at the date of the conveyance ti) plaintiff, which is the basis of this action ; the said deed of conveyance reciting that defendant was “ of said county and State above named,” Perry county, State of Alabama.

The evidence was properly admissible under the doctrine in Davis v. Binion, 5 An. 248. The recital in question, in the deed of conveyance, was not one of the causes of the contract.

The present case differs from those of Holloman v.…