James v. Clark
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. Jesse M. Carmichael. This action was brought by Mrs. Elizabeth Clark, the widow of John Clark, deceased, against John James, to recover a tract of land containing eighty acres; and was commenced on the 17th November, 1888. The defendant requested the court to charge the jury that they must find for him, if they believed the evidence; and the refusal of this charge, with other rulings duly excepted to,-is now…
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Appeal from the Circuit Court of Barbour. Tried before the Hon. Jesse M. Carmichael. This action was brought by Mrs. Elizabeth Clark, the widow of John Clark, deceased, against John James, to recover a tract of land containing eighty acres; and was commenced on the 17th November, 1888. The defendant requested the court to charge the jury that they must find for him, if they believed the evidence; and the refusal of this charge, with other rulings duly excepted to,-is now assigned as error.
1Opinion of the CourtSomeryille, J.
The action is in ejectment for the recovery of land. The plaintiff attempted to establish her *607title by introducing certain proceedings of the Probate.Court of Barbour county, purporting to set apart, by way of exemption to her, 160 acres of land as a homestead, under the provisions of sections 2562-2564, or the statute amendatory thereof. — Acts 1886-87, p. 112. This tract embraced the ]and in controversy.
The petition filed by the plaintiff in that proceeding shows that she was the surviving widow of one John Clark, a-resident of this State, who died seized and possessed of a tract of land…
2Cited by7 opinions
- Jackson v. WilsonSupreme Court of Alabama · 1897
- Brooks v. JohnsSupreme Court of Alabama · 1898
- Gamble v. KellumSupreme Court of Alabama · 1892
- Thompson v. ThompsonSupreme Court of Alabama · 1890
- Norton v. NortonSupreme Court of Alabama · 1891
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