Kelly v. Hancock
Supreme Court of Alabama
■Appeal from Madison Circuit Court. Tried before lion. Ii. 0. Speake. This was a statutory real action in the nature of ejectment., brought by Julia J. Hancock against Solon and Emmett Kelly : and was commenced on 21st June, 1881. The defendants pleaded, in short by consent, (1) not guilty, (2) the statute of limitations of ten years, and (3) the statute of limitations of twenty years ; and upon issue joined on these pleas the cause was tried, the trial resulting in a…
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■Appeal from Madison Circuit Court. Tried before lion. Ii. 0. Speake. This was a statutory real action in the nature of ejectment., brought by Julia J. Hancock against Solon and Emmett Kelly : and was commenced on 21st June, 1881. The defendants pleaded, in short by consent, (1) not guilty, (2) the statute of limitations of ten years, and (3) the statute of limitations of twenty years ; and upon issue joined on these pleas the cause was tried, the trial resulting in a verdict and judgment for the plaintiff. As shown by the evidence, Robert Hancock died in 1856, leaving the plaintiff his…
1Opinion of the CourtStone, J.
The defendants below, appellants here,’offered to prove that Mrs. Hancock did not file her claim for unpaid purchase-money of her dower interest against the insolvent estate of W. M. Gooch. This was ruled out. Certainly this failure is by no means conclusive evidence that she had no such claim. Many reasons may be snpposed why she did not then prefer a claim, and it may be that a satisfactory reason can be shown why it was not done. But whether or not there was such valid, subsisting, unpaid claim, was one of the disputed questions on the trial. We think this testimony ought to have been…
2Cases cited5 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Walker v. CrawfordSupreme Court of Alabama · 1881
- Seals v. EdmondsonSupreme Court of Alabama · 1882
- Barclay v. SmithSupreme Court of Alabama · 1880
- Tillman v. SpannSupreme Court of Alabama · 1880
3Cited by9 opinions
- Woodstock Iron Co. v. FullenwiderSupreme Court of Alabama · 1888
- Patterson v. . FranklinSupreme Court of North Carolina · 1915
- Hancock v. KellySupreme Court of Alabama · 1886
- Jackson v. ElliottSupreme Court of Alabama · 1892
- Knabe v. BurdenSupreme Court of Alabama · 1889
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