Walker v. Elledge
Supreme Court of Alabama
Appeal from the Chancery Court of Limestone. Heard before the Hon. H. C. Speake. The original bill in this case was filed on the 26th April, 1875, by Mrs. Mary A. Elledge, the wife of' Joseph L. Elledge, against William H. Walker; and sought to enjoin an action at law, which said Walker had instituted against her to recover the possession of a tract of land, particularly described in the bill.
Read the full summary
Appeal from the Chancery Court of Limestone. Heard before the Hon. H. C. Speake. The original bill in this case was filed on the 26th April, 1875, by Mrs. Mary A. Elledge, the wife of' Joseph L. Elledge, against William H. Walker; and sought to enjoin an action at law, which said Walker had instituted against her to recover the possession of a tract of land, particularly described in the bill. Walker died pending the suit, and it was thereupon revived and prosecuted against his personal representative and heirs at law, who are the appellants in this court. Walker claimed the land, in the…
1Opinion of the CourtStone, J.
— We think there is a failure to prove that Mr. Elledge was mentally incapable of understanding and transacting business, at any time which is material to be inquired about, in determining the present controversy. True, he was partially paralyzed; but those best acquainted with him say, his reasoning powers were very little impaired, if at all. Hence, so far as the question affects any transaction brought to view in this record, we think the testimony fails to overturn the presumption of sanity, which it is our duty to indulge until the contrary is shown.
The testimony convinces us, that Mr.…
2Cases cited8 opinions
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Center v. P. & M. BankSupreme Court of Alabama · 1853
- Fash v. RavesiesSupreme Court of Alabama · 1858
- Doe ex dem. Chaudron v. MageeSupreme Court of Alabama · 1845
- Barnes v. MobleySupreme Court of Alabama · 1852
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Truss v. MillerSupreme Court of Alabama · 1897
- Barton v. BartonSupreme Court of Alabama · 1883
- Bates v. KellySupreme Court of Alabama · 1885
- Silvey & Co. v. CookSupreme Court of Alabama · 1914
- Berney National Bank v. Pinckard, DeBardelaben & Co.Supreme Court of Alabama · 1888
14 more not listed; retrieve them via the Exa API.