Hayes v. Banks
Supreme Court of Alabama
Appeal from Bibb Circuit Court. Tried before Hob. John Moore. Statutory action of ejectment by S. E. Banks as administrator of tlie estate of Marcellus Banks, deceased, against W. R. S. ITayes. Tlie opinion shows tlie facts. cited Code, § 1797; Bowing v. Blair, 75 Ala. 219; Draper v. Walker, 98 Ala. 313; Walsh v. Phillips, 54 Ala. 309; St. John v. Kidd, 26 Oal.; 11 Am. & Eng. Ency. of Law (2d ed.), p. 585, note 2; Conrad v. Atlantic Ins.
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Appeal from Bibb Circuit Court. Tried before Hob. John Moore. Statutory action of ejectment by S. E. Banks as administrator of tlie estate of Marcellus Banks, deceased, against W. R. S. ITayes. Tlie opinion shows tlie facts. cited Code, § 1797; Bowing v. Blair, 75 Ala. 219; Draper v. Walker, 98 Ala. 313; Walsh v. Phillips, 54 Ala. 309; St. John v. Kidd, 26 Oal.; 11 Am. & Eng. Ency. of Law (2d ed.), p. 585, note 2; Conrad v. Atlantic Ins. Co., 1 Peters, 451. cited Code, §§ 982, 984; Jones v. Morris, 61 Ala. 518; Taylor v. A. & M. Ass’n., 68 Ala.; Standifer v. Swan, 78 Ala. 88; 11 Am..& Eng.…
1Opinion of the CourtDowdell, J.
— This is a statutory action in the nature of ejectment. The appellant, plaintiff in the court below, took a non-suit with leave to set aside on bill of exceptions on account of the adverse ruling of the trial court on the evidence. Only one question is presented, and that is upon the court sustaining the objection to evidence offered by the plaintiff to prove the execution of a deed relied upon by the plaintiff as title to the land in question, and which was necessary to his right of recovery. This deed purported on its face to have been signed on the 21st day of November, 1896, by…
2Cases cited3 opinions
- Caldwell v. PollakSupreme Court of Alabama · 1890
- Torrey v. ForbesSupreme Court of Alabama · 1891
- Nashville, Chattanooga & St. Louis Railway Co. v. HammondSupreme Court of Alabama · 1893
3Cited by5 opinions
- Addington v. StateAlabama Court of Appeals · 1916
- Swindall v. FordSupreme Court of Alabama · 1913
- Buerger v. MabryAlabama Court of Appeals · 1916
- Ballow v. CollinsSupreme Court of Alabama · 1903
- Maddox v. WoodSupreme Court of Alabama · 1907