Bernstein v. Humes
Supreme Court of Alabama
Appeal from Madison Circuit Court. Tried before Hon. II. C. Speaice. This was a statutory real action in the nature of ejectment, brought by Mrs. E. C. Humes and others against Morris Bernstein; was commenced on 12th July, 1871, and was tried on issues joined on the pleas of not guilty and the statute of limitations, the trial resulting in a verdict and judgment for the plaintiffs.
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Appeal from Madison Circuit Court. Tried before Hon. II. C. Speaice. This was a statutory real action in the nature of ejectment, brought by Mrs. E. C. Humes and others against Morris Bernstein; was commenced on 12th July, 1871, and was tried on issues joined on the pleas of not guilty and the statute of limitations, the trial resulting in a verdict and judgment for the plaintiffs. The defendants also suggested of record adverse possession for three years next before the commencement of the suit, and the erection by them of permanent improvements. The controversy was mainly over a part of lot…
1Opinion of the CourtStone, J.
We are not inclined to enter into the inquiry, when ancient documents may be read in evidence, without proof of their execution. Nor will we discuss that other question, when certified copies may be used without accounting for the originals, the contest arising between parties who are presumed not to have the custody of the originals. There is testimony in the record tending to show that, at some time before Bernstein acquired his title, the lot in controversy, or a part of it, was used and occupied as part of the Bell tavern property. Possibly the stable, partly brick and partly framed,…
2Cases cited10 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Sharpe v. OrmeSupreme Court of Alabama · 1878
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Humes v. BernsteinSupreme Court of Alabama · 1882
- Smith v. RobertsSupreme Court of Alabama · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sloss-Sheffield S. & I. Co. v. LollarSupreme Court of Alabama · 1910
- Beard v. RyanSupreme Court of Alabama · 1884
- Driver v. KingSupreme Court of Alabama · 1906
- McDaniel v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1907
- Gerald v. HayesSupreme Court of Alabama · 1920
7 more not listed; retrieve them via the Exa API.