Driver v. Spence
Supreme Court of Alabama
Writ of error to the Circuit Court of Talladega County. ACTION of tresp. quee.fre. to try title, as well as to recover damages, for entering on a tract of land. The defendant first demurred to the declaration, and his demurrer being overruled, he then pleaded not guilty. In the progress of the trial, several bills of exceptions were taken by the defendant to the evidence of the plaintiff’s title, which was derived under a sheriff’s sale.
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Writ of error to the Circuit Court of Talladega County. ACTION of tresp. quee.fre. to try title, as well as to recover damages, for entering on a tract of land. The defendant first demurred to the declaration, and his demurrer being overruled, he then pleaded not guilty. In the progress of the trial, several bills of exceptions were taken by the defendant to the evidence of the plaintiff’s title, which was derived under a sheriff’s sale. The evidence excepted to, was 1st. A judgment of the circuit court of Talladega county of the spring term, 1838, entitled iC Solomon Spence v. G. Driver and…
1Opinion of the CourtGoldthwaite, J.
— The exceptions^taken at the trial, to the admission of the evidence, were all properly overruled.
The exceptions, if available in any way, could be so only when the effect of the evidence was to be considered. The legal competency of the evidence offered, to sustain the issue joined, is apparent, when we consider that it was incumbent on the plaintiff, to shew a judgment and execution against Driver and also a sale by the sheriff, by virtue of said judgment and execution.
Thus the judgment against G. Driver & Shelly, was a necessary link in the chain of evidence to be produced. To ascertain…
2Cited by6 opinions
- Lewis v. WatsonSupreme Court of Alabama · 1893
- Henley v. Branch Bank at MobileSupreme Court of Alabama · 1849
- Forrest v. CampSupreme Court of Alabama · 1849
- Rayburn v. ElrodSupreme Court of Alabama · 1869
- Wilson v. CampbellSupreme Court of Alabama · 1858
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