Hawkins v. Hudson
Supreme Court of Alabama
Appeae from Circuit Court of Jefferson. Tried before Hon. W. S. Mudd. This was a real action in the nature of ejectment, commenced by Hawkins (the appellant) against Hudson (the appellee). The material facts of the case may be stated as follows: Dicey Dejarnette, mother of Mrs. Parmelia Jones, was the owner of the land in controversy from 1825 until the year 1853, when Mrs. Dejarnette conveyed the same to Mrs. Jones, (on certain conditions therein mentioned, not material to…
Read the full summary
Appeae from Circuit Court of Jefferson. Tried before Hon. W. S. Mudd. This was a real action in the nature of ejectment, commenced by Hawkins (the appellant) against Hudson (the appellee). The material facts of the case may be stated as follows: Dicey Dejarnette, mother of Mrs. Parmelia Jones, was the owner of the land in controversy from 1825 until the year 1853, when Mrs. Dejarnette conveyed the same to Mrs. Jones, (on certain conditions therein mentioned, not material to this cause, there being no evidence as to whether said conditions had or had not been broken,) and reserving to herself…
1Opinion of the CourtPeters, J.
This is an action of ejectment, and the validity of the proceedings in the court below depends upon the accuracy or the inaccuracy of the charges of the court on the trial before the jury.
*493There were five charges given by the court mero motu, the last four of which were excepted to. But the first was not excepted to. The defendant below also asked one charge, which was refused, and the defendant excepted. And thereupon the court gave a charge in lieu of the charge thus asked and refused, which charge was also excepted to. None of the charges given or refused appear to have been moved for in…
2Cases cited6 opinions
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Barker v. BellSupreme Court of Alabama · 1861
- Forward v. ArmsteadSupreme Court of Alabama · 1847
- Paulling v. Barron, Meade & Co.Supreme Court of Alabama · 1858
- Kirksey v. KirkseySupreme Court of Alabama · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Bracken v. JonesTexas Supreme Court · 1885
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Flegel v. DowlingOregon Supreme Court · 1909
- Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
16 more not listed; retrieve them via the Exa API.