Prestwood v. Watson
Supreme Court of Alabama
Appeal from the Circuit Court of Covington. Tried before the Hon. Jesse M. Carmichael; This was a statutory action of ejectment, brought by E. Watson, as administrator of the estate of JR.. E. Jordan, deceased, against J. E. Prestwood and A. J. Fletcher ; to recover certain lands specifically described in the complaint.
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Appeal from the Circuit Court of Covington. Tried before the Hon. Jesse M. Carmichael; This was a statutory action of ejectment, brought by E. Watson, as administrator of the estate of JR.. E. Jordan, deceased, against J. E. Prestwood and A. J. Fletcher ; to recover certain lands specifically described in the complaint. The facts of the case on this appeal,are substantially the same as those disclosed on the former appeal, and reported in 79 Ala. 416. On the trial of the cause it was admitted and agreed by and between the attorneys for the plaintiff and the defendant that this case was tried…
1Opinion of the CourtBrickell, C. J.
— A former trial of this case was had in the court below, on a statement of facts reduced to writing, and by the parties admitted to bo true in open court. 'The judgment rendered on that trial was, on appeal to this court, reversed and the cause remanded. Watson v. Prestwood, 79 Ala. 419. The primary question to bo considered is, whether on a subsequent trial, this statement of facts was admissible, and its operation and effect as evidence. For if it was admissible, and binding and conclusive on the parties, a consideration of many of the exceptions reserved is unnecessary. Agreements of this…
2Cases cited6 opinions
- Welsh v. PhillipsSupreme Court of Alabama · 1875
- Harvey v. ThorpeSupreme Court of Alabama · 1856
- Turnipseed v. FitzpatrickSupreme Court of Alabama · 1883
- Holley v. YoungSupreme Judicial Court of Maine · 1878
- Iverson v. DuboseSupreme Court of Alabama · 1855
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3Cited by36 opinions
- Gulf States Steel Co. v. ChristisonSupreme Court of Alabama · 1934
- Watson v. McGeeSupreme Court of Alabama · 1977
- Anonymous v. AnonymousSupreme Court of Alabama · 1977
- McCarty v. KepretaNorth Dakota Supreme Court · 1913
- Tennessee Coal, Iron & Railroad v. LinnSupreme Court of Alabama · 1898
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