Lehman, Durr & Co. v. Rogers
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before tbe Hon. John Moore. The nature of tbis case, and the material facts, are stated in the opinion. The court below, at the request in writing of the plaintiff, charged the jury that, if they believed the evidence, they must find for the plaintiff. To this charge the defendants excepted.
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Appeal from the Circuit Court of Lowndes. Tried before tbe Hon. John Moore. The nature of tbis case, and the material facts, are stated in the opinion. The court below, at the request in writing of the plaintiff, charged the jury that, if they believed the evidence, they must find for the plaintiff. To this charge the defendants excepted. The defendants then asked the court to charge the jury that, if they believed the evidence, they must find for the defendants; the court refused this charge, and defendants excepted. The charge given, and that refused, are here assigned as error. Appellants…
1Opinion of the CourtClopton, J.
— The action is brought by appellee to recover possession of lands that constituted a part of a tract consisting of about six hundred acres, of which A. D. Rogers, the husband of appellee, and James Emmerson were seized in common, the interest of each being one half. Rogers died in 1864, without partition of lands having been made. The appellants were admitted to defend as landlords of the tenants in possession. By the will of Rogers, which was duly probated, all his real estate was devised to the plaintiff. In January, 1870, his undivided interest was sold by his personal representative…
2Cases cited7 opinions
- Lyon v. PowellSupreme Court of Alabama · 1884
- Walker v. ElledgeSupreme Court of Alabama · 1880
- Owen v. BankheadSupreme Court of Alabama · 1884
- Bragg v. BeersSupreme Court of Alabama · 1881
- Roulhac v. JonesSupreme Court of Alabama · 1884
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3Cited by2 opinions
- Wood v. BarnettSupreme Court of Alabama · 1922
- Sloss-Sheffield Steel & Iron Co. v. YanceySupreme Court of Alabama · 1919