Rayburn v. Elrod
Supreme Court of Alabama
Appeal from DeKalb Circuit Court. Tried before Hon. W. J. Harralson. The complaint in this case is as follows :• : Vm. Freeman, A. N. Lowry,. B. L. Elrod, W. A. Elrod, and Wm.
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Appeal from DeKalb Circuit Court. Tried before Hon. W. J. Harralson. The complaint in this case is as follows :• : Vm. Freeman, A. N. Lowry,. B. L. Elrod, W. A. Elrod, and Wm. Justice, plaintiffs, vs. The plaintiffs,, who sue as the Methodist Episcopal Church, South, Samuel K. Rayburn, defendant, j located in DeKalb county, Ala., and known as the Sulphur Spring Church, and who are successors to James Cave, Aaron Hall, A. S. Long, Samuel Hall, and Thomas Stagner, former trustees of said church, and their successors by appointment to the office of trustees, sue to recover the following tract of…
1Opinion of the CourtB. E. Saffold, J.
The demurrers were properly overruled. Tbe complaint alleges that tbe plaintiffs are tbe trustees of tbe Metbodist Episcopal Cburcb, South, and the successors of James Cave and certain others, and follows tbe form prescribed in tbe Code in its subsequent statements.
Tbe plea denies tbe possession of tbe land, and tbe detention from tbe plaintiffs.
Tbe minutes of tbe quarterly meeting were admissible as evidence. Preliminary to their introduction, tbe witness, Nichols, proved that be was tbe secretary of the quarterly conference, and tbe custodian of tbe records, and that tbe boob presented was…
2Cases cited4 opinions
- Driver v. SpenceSupreme Court of Alabama · 1840
- Huffaker v. BoringSupreme Court of Alabama · 1845
- Heifner v. PorterSupreme Court of Alabama · 1847
- Sims v. ThompsonSupreme Court of Alabama · 1857
3Cited by3 opinions
- Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.West Virginia Supreme Court · 1905
- Bradford v. SneedSupreme Court of Alabama · 1911
- Lessley v. PraterSupreme Court of Alabama · 1917