Riley v. Fletcher
Supreme Court of Alabama
Appeal from Covington Circuit Court. Heard before Hon. H. A. Pearce. Ejectment by M. M. Riley against J. H. Fletcher. Judgment for defendant, and plaintiff appeals. The evidence complained of sufficiently appears from the opinion. The following charges were refused the plaintiff.
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Appeal from Covington Circuit Court. Heard before Hon. H. A. Pearce. Ejectment by M. M. Riley against J. H. Fletcher. Judgment for defendant, and plaintiff appeals. The evidence complained of sufficiently appears from the opinion. The following charges were refused the plaintiff. “(2) The court charges the-jury that, if you are reasonably satisfied from all the evidence that plaintiff had prior possession of the land in controversy, that is, actual possession of it before and at the time the defendant entered upon it, that was prima facie evidence of plaintiff’s title, and, no presumption…
1Opinion of the Court
de GRAFPENRIED, J.
The bill of exceptions in this case contains the following: “S. H. Gillis was next introduced as a witness for the plaintiff and testified in substance as follows: ‘I was present at the trial of this case the last time it was tried in the circuit court. I remember Mr. Dock Jordan who testified in this case.’ Question: ‘Have you read what that record there (points to the old bill of exceptions) states as to his testimony? Answer: ‘I have, and I recall substantially what Mr. Jordan testified to on the trial. That record sets out substantially what he said on that trial; what…
2Cases cited7 opinions
- Birmingham Railway Light & Power Co. v. SeabornSupreme Court of Alabama · 1910
- Torrey v. BurneySupreme Court of Alabama · 1896
- Western Steel Car & Foundry Co. v. CunninghamSupreme Court of Alabama · 1908
- Herndon v. StateAlabama Court of Appeals · 1911
- Fletcher v. RileySupreme Court of Alabama · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Floyd v. PughSupreme Court of Alabama · 1917
- Batson v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1941
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