Martin v. Long
Supreme Court of Alabama
Appeal from Circuit Court, Houston County ; H. A. Pearce, Judge. Ejectment by J. B. Long against A. B. Martin and others. Judgment for plaintiff, and defendants appeal.
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Appeal from Circuit Court, Houston County ; H. A. Pearce, Judge. Ejectment by J. B. Long against A. B. Martin and others. Judgment for plaintiff, and defendants appeal. Defendant demanded an abstract of title, and, replying thereto, plaintiff answered: (1) Patent from the United States government to S. S. Curry, May 1, 1§61; (2) possession of the lands involved in the suit by Curry to his death, and after his death possession in his widow to her death; (3) heirship of Annie Long, wife of plaintiff, to the lands of S. ®. Curry, she being an only child; (4) and the will of Annie Long, made…
1Opinion of the CourtSatre, J.
[1,2] The judge of probate was the only surviving witness to the instrument propounded in his court for probate as the last will and testament of Annie J. Long, deceased. The special judge, appointed as the statute prescribes, should have rendered the decree. The process by which the deposition of the judge witness was taken and certified by the special judge was of no avail in relieving the situation created by the incompetency of the judge witness, and it must be conceded that the judge of probate rendered the decree admitting the will to probate on the unaided credit of his own deposition.…
2Cases cited11 opinions
- Dallas Compress Co. v. SmithSupreme Court of Alabama · 1914
- Barfield v. EvansSupreme Court of Alabama · 1914
- Hays v. LemoineSupreme Court of Alabama · 1908
- Plowman v. HendersonSupreme Court of Alabama · 1877
- Graham v. People ex rel. RutledgeIllinois Supreme Court · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- White v. WilliamsSupreme Court of Alabama · 1954
- Wilson Bros. v. Mobile O. R. Co.Supreme Court of Alabama · 1921
- Bates v. FlowersSupreme Court of Alabama · 1929
- Glisson v. StateAlabama Court of Appeals · 1967
- Harris v. StateAlabama Court of Appeals · 1965
1 more not listed; retrieve them via the Exa API.