Smith v. Zaner
Supreme Court of Alabama
Eesoh to the Circuit Court of Tuscaloosa. This was an action of trespass to try titles, brought in the Court below by the defendants against the plaintiffs. Under the charge of the Court the jury rendered a verdict in favor of the plaintiffs below, upon which judgment was rendered.
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Eesoh to the Circuit Court of Tuscaloosa. This was an action of trespass to try titles, brought in the Court below by the defendants against the plaintiffs. Under the charge of the Court the jury rendered a verdict in favor of the plaintiffs below, upon which judgment was rendered. From a bill of exceptions taken pending the trial, it appears that the plaintiffs claimed to recover as the next of kin to Christopher Vanner, the person who died last seized, who were not aliens, being cousins of the full blood, that is children of the sister of the mother of Christopher Vanner. After the…
1Opinion of the CourtOrmond, J.
Two questions are presented on the record; The propriety of the rejection by the court of the documentary evidence offered by the plaintiffs in error, and the refusal of the Court to charge on their motion.
The documentary evidence rejected by the Court consists, first, of transcripts from what appears to be registers of births and marriages in Germany — one setting forth the marriage of the father and mother of C. Werner, the person last seized of the land in controversy, and the births of their children, and another the marriage of a sister of C. Werner, with a Mr. Ma-lempre, and the births…
2Cases cited3 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Church v. HubbartSupreme Court of the United States · 1804
- Bartlett v. MorrisSupreme Court of Alabama · 1839
3Cited by9 opinions
- McLemore v. Alabama Power CompanySupreme Court of Alabama · 1969
- Dryer v. LewisSupreme Court of Alabama · 1877
- Etheridge v. Doe ex dem. MalempreSupreme Court of Alabama · 1851
- McCargo & Cordle v. CrutcherSupreme Court of Alabama · 1855
- Donovan v. PitcherSupreme Court of Alabama · 1875
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