Alabama Gold Life Insurance v. Sledge
Supreme Court of Alabama
Appeal from Lee Chancery Court. Heard before Hon. N. S. Graham. The appellant, the Alabama Gold Life Insurance Company, filed this bill, and sought to foreclose a mortgage on certain real estate in the city of Opelika. The bill averred that the appellees, Sarah J. Sledge, Jas. C. Sledge and Jas.
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Appeal from Lee Chancery Court. Heard before Hon. N. S. Graham. The appellant, the Alabama Gold Life Insurance Company, filed this bill, and sought to foreclose a mortgage on certain real estate in the city of Opelika. The bill averred that the appellees, Sarah J. Sledge, Jas. C. Sledge and Jas. J. Smith, had executed to Swift, Murphy & Co. a mortgage on the same property embraced in the mortgage given the complainant, by the above named parties, and Mittie A. Sledge and Lizzie Smith. It is then averred that the mortgage to Swift, Murphy & Co. had been fully paid and discharged by the…
1Opinion of the CourtBrickell, C. J.
The original statute removing the common law disability of parties as witnesses, contained an exception of suits or proceedings by or against an executor or administrator, in which neither party, unless called by his adversary, was allowed to testify as to any statement by, or *569transaction with, the testator or intestate. The present exception is much more comprehensive in its terms, and refers rather to the objects of than to the parties to the suit. If the estate, to use the language of the statute, of a deceased person, is interested in the result of the suit, then neither party can testify…
2Cases cited3 opinions
- Harrison & Robinson v. JohnstonSupreme Court of Alabama · 1855
- O'Neal v. ReynoldsSupreme Court of Alabama · 1868
- Densler v. EdwardsSupreme Court of Alabama · 1843
3Cited by27 opinions
- Warten v. BlackSupreme Court of Alabama · 1915
- Miller v. Cannon & Co.Supreme Court of Alabama · 1887
- Bibb v. HunterSupreme Court of Alabama · 1885
- Oliver v. WilliamsSupreme Court of Alabama · 1909
- Dismukes & Patrick v. Tolson & BarrettSupreme Court of Alabama · 1880
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