Beard v. Ryan
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. Leroy F. Box. This action was brought by Samuel F. Ryan, against Thomas Beard, to recover the possession of a tract of land, which was described in the complaint as “the northwest part (B) of fractional section seventeen (17), township seven (7), range four (4) east, containing seventy-nine (79) acres, more or less;” and was commenced on the 27th January, 1879. The defendant pleaded, “in short by consent,” not…
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Appeal from the Circuit Court of Marshall. Tried before the Hon. Leroy F. Box. This action was brought by Samuel F. Ryan, against Thomas Beard, to recover the possession of a tract of land, which was described in the complaint as “the northwest part (B) of fractional section seventeen (17), township seven (7), range four (4) east, containing seventy-nine (79) acres, more or less;” and was commenced on the 27th January, 1879. The defendant pleaded, “in short by consent,” not guilty, and the statutes of limitation of ten and twenty years; and the cause was tried on issue joined on these pleas.…
1Opinion of the CourtSomeryille, J.
The only objection which seems to have been urged to the recorded copies of the first four deeds, as proved by the records of the Probate Court, offered in evidence by the plaintiff, was the failure of the plaintiff to show that the original conveyances had been lost or destroyed, or that he had not the custody or control of them. — Code, 1876, § 2154. All of these deeds are shown to have been ancient documents more than thirty years of age — two of them dating as far back as forty and fifty years. The circumstances of the present case furnish no shadow of suspicion that the originals could…
2Cases cited10 opinions
- Bell v. DensonSupreme Court of Alabama · 1876
- State v. ConnerSupreme Court of Alabama · 1881
- Miller v. HamptonSupreme Court of Alabama · 1861
- Tayloe v. DuggerSupreme Court of Alabama · 1880
- Ladd v. DubrocaSupreme Court of Alabama · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
- Avent v. ArringtonSupreme Court of North Carolina · 1890
- Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
- Laster v. BlackwellSupreme Court of Alabama · 1900
20 more not listed; retrieve them via the Exa API.