Comer v. Hart
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. IT. D. Clayton. This action was brought by Anne E. Hart, against H. M. Comer, to recover an undivided one-eighth interest in a house and lot in the town of Eufaula; and was commenced on the 10th October, 1883. The defendant pleaded, in short by consent, not guilty, the statute of limitations of ten years, and adverse possession for three years; and the cause was tried on issue joined on these pleas.
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Appeal from the Circuit Court of Barbour. Tried before the Hon. IT. D. Clayton. This action was brought by Anne E. Hart, against H. M. Comer, to recover an undivided one-eighth interest in a house and lot in the town of Eufaula; and was commenced on the 10th October, 1883. The defendant pleaded, in short by consent, not guilty, the statute of limitations of ten years, and adverse possession for three years; and the cause was tried on issue joined on these pleas. The plaintiff was one of the eight children of John Hart, deceased, who died, intestate, in 1862, being seized and possessed of said…
1Opinion of the Court
STONE, O. J.
It is a mistaken view of the rule, when it is asserted that a suitor can produce evidence otherwise illegal, because through accident or misfortune he is unable to produce higher or better evidence. Many facts and circumstances are either insusceptible of direct proof, or are much more difficult of positive proof than other facts are. It is on this account thaDthe rule has become established, to admit, not the best evidence the exigencies of the case admit of, but the best evidence which the nattire of the question admits of. — 1 Brick. Dig. 848, § 623; 1 Green. Ev. § 60; 1 Whar.…
2Cases cited15 opinions
- Landford v. DunklinSupreme Court of Alabama · 1882
- McCarthy v. NicrosiSupreme Court of Alabama · 1882
- Hutton v. WilliamsSupreme Court of Alabama · 1860
- Perkins' Exr's v. Winter's Adm'rxSupreme Court of Alabama · 1845
- McCully v. ChapmanSupreme Court of Alabama · 1877
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3Cited by4 opinions
- Potts v. ColemanSupreme Court of Alabama · 1888
- Hart v. KendallSupreme Court of Alabama · 1886
- Singer Manufacturing Co. v. RileySupreme Court of Alabama · 1885
- Belsher v. RussellSupreme Court of Alabama · 1928