Dumas v. Hunter
Supreme Court of Alabama
Appeal from the Circuit Court of Fayette. Tried before the Hon. E. "W. Pettus. This action was instituted by the appellant, before the adoption of the Code, to recover the possession of a tract of land, which (he alleged) the defendant unlawfully detained from him.
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Appeal from the Circuit Court of Fayette. Tried before the Hon. E. "W. Pettus. This action was instituted by the appellant, before the adoption of the Code, to recover the possession of a tract of land, which (he alleged) the defendant unlawfully detained from him. On the trial, as appears from the bill of exceptions, the plaintiff produced a written notice, in his own handwriting, dated April 10th, 1852, and eon-taining a demand of possession; and, for tlie purpose of proving its service on tire defendant, introduced one Cooper as a witness, who testified, that on said 10th April, plaintiff…
1Opinion of the CourtWaleer, J.
Tinder the law found in Clay’s Digest, (p. 251, § 5,) a demand and notice are requisite to the maintenance of this suit; and it is indispensable that the demand and notice should be for the delivery of the premises, and in writing.
The court properly excluded the written notice offered in evidence, because the fact that it contained “aboutthe same matter with the notice,’ ’ does not prove it to be a copy; and because the absence of the original was not accounted for. *77The parol evidence of the notice which was served wTas also, we think, properly excluded by the court, for the reason that the…
2Cited by7 opinions
- Polly v. McCallSupreme Court of Alabama · 1860
- Liverpool London Globe Ins. Co. v. McCreeSupreme Court of Alabama · 1925
- Littleton v. ClaytonSupreme Court of Alabama · 1884
- Westbrook v. FultonSupreme Court of Alabama · 1885
- King v. BollingSupreme Court of Alabama · 1884
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