Bedwell v. Bedwell
Supreme Court of Alabama
Statiáory Peal Action in nature of Ejectment. Appeal from the Circuit Court of Cherokee. Tried before the Hon. Leroy F. Box.
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Statiáory Peal Action in nature of Ejectment. Appeal from the Circuit Court of Cherokee. Tried before the Hon. Leroy F. Box. This action was brought by Joseph W. Bedwell, against Mrs. Louisa A. Bedwell and Robert L. Bedwell, to recover the possession of a tract of land particularly described in the complaint, with damages for its detention ; and was commenced on the 5th March, 1881. The record does not show what pleas were filed, but the cause was tried on issue joined, and the trial resulted in a verdict and judgment for the plaintiff. On the trial, as the bill of exceptions shows, the…
1Opinion of the CourtClopton, J.
We are compelled to affirm the judgment, for the following reasons. Conceding that the conveyances from White and Mrs. Norton were irrelevant and inadmissible without further proof, the error was cured by the subsequent introduction of evidence tending to show their prior possession of the lands in controversy ; the legal effect and sufficiency of the deeds to entitle the plaintiff to recover being dependent upon the fact of possession, and the title of the defendants, as found by the jury'on the entire evidence. — Belmont C. & R. R. Co. v. Smith, 74 Ala. 206; Griffin v. State, 76 Ala. 29.
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2Cases cited6 opinions
- Griffin v. StateSupreme Court of Alabama · 1884
- Stovall v. FowlerSupreme Court of Alabama · 1882
- Belmont Coal & Railroad v. SmithSupreme Court of Alabama · 1883
- Allen v. StateSupreme Court of Alabama · 1882
- Perry v. Danner & Co.Supreme Court of Alabama · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Walker v. StateSupreme Court of Alabama · 1890
- Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
- Kirby v. StateSupreme Court of Alabama · 1889
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1886
6 more not listed; retrieve them via the Exa API.