Bolen v. Hoven
Supreme Court of Alabama
Appeal from the Circuit Court of Clarke. Heard, before the Hon. John C. Anderson. This was a. statutory action of ejectment, brought by the appellee, Zedora Hoven, against the appellant, John A. Bolen. Both parties claimed title from a common source, that is, one Odosia Stringer. On the trial, the plaintiff proved that she was the only child and heir of Odosia Stringer, who died in 1868, leaving surviving her, her husband, T. E. Stringer, and the plaintiff.
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Appeal from the Circuit Court of Clarke. Heard, before the Hon. John C. Anderson. This was a. statutory action of ejectment, brought by the appellee, Zedora Hoven, against the appellant, John A. Bolen. Both parties claimed title from a common source, that is, one Odosia Stringer. On the trial, the plaintiff proved that she was the only child and heir of Odosia Stringer, who died in 1868, leaving surviving her, her husband, T. E. Stringer, and the plaintiff. That T. E. Stringer died in the year 1902. The defendant offered in evidence; first, an application by one S. J. Parker for letters of…
1Opinion of the CourtDowdell, J.
This is a statutory action in tbe nature of ejectment. Tbe plaintiff and defendant both claimed title to tbe land in question from a common source. The plaintiff, appellee here, rested her claim of title upon tbe fact that she was sole heir-at-law of tbe party, who was the common source. Tbe defendant, appellant here, sought to show title through administration proceedings had in tbe probate court of tbe estate of plaintiff’s ancestor, and mesne conveyances thereunder.
These proceedings bad in tbe probate court, as well as the mesne conveyances, were excluded from evidence on tbe plaintiff’s…
2Cases cited5 opinions
- Woodstock Iron Co. v. FullenwiderSupreme Court of Alabama · 1888
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- Washington v. NorwoodSupreme Court of Alabama · 1900
- Edwards v. BenderSupreme Court of Alabama · 1898
- Beadle v. SteeleSupreme Court of Alabama · 1888
3Cited by21 opinions
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- Joseph H. Proctor, as Administrator, C/t/a of the Estate of Pinkie Sutton, Deceased v. J. C. GissendanerCourt of Appeals for the Fifth Circuit · 1978
- Sharrief v. GerlachSupreme Court of Alabama · 2001
- Zielke v. Amsouth Bank, N.A.Court of Civil Appeals of Alabama · 1997
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