Legal Opinion

Bates v. Oden

Supreme Court of Alabama

Decided June 30, 1916PublishedCited by 4 opinions

Appeal from Morgan Circuit Court. Heard before Hon. Robert C. Brickell. Ejectment by Alice Oden and others, by their guardian, against Nancy Bates and others. Judgment for plaintiffs, and defendants appeal.

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Appeal from Morgan Circuit Court. Heard before Hon. Robert C. Brickell. Ejectment by Alice Oden and others, by their guardian, against Nancy Bates and others. Judgment for plaintiffs, and defendants appeal. Plaintiffs relied on a deed executed by J. H. Hornsby and wife to J. M. Hornsby, a mortgage from J. M. Hornsby and wife to J. J. Cudd, and a foreclosure deed from J. J. Cudd to P. A. Oden; Alice and Izez Oden, plaintiffs, being the only heirs at law of said P. A. Oden, he and his wife both being dead. Nancy E. Bates, who was Nancy E. Hornsby before her marriage, was the witness who was…

1Opinion of the CourtThomas, J.

On the trial, the wife of the grantor in the questioned deed was asked by defendant: “Was he crazy all of the time between the time you brought him back from the asylum the first time up to the time he was carried back the second time ?”

The court’s action in sustaining plaintiffs’ objections, to which action due exceptions were interposed by the defendant, is now assigned as error.

*570(1) In its popular sense the term “crazy” imports a broken, shattered, or deranged condition of the mind.—Shaver v. McCarthy, 110 Pa. 339, 5 Atl. 614.

It is now settled law that to authorize a non-expert to give his…

2Cases cited8 opinions

  1. Parrish v. StateSupreme Court of Alabama · 1903
  2. Burney v. TorreySupreme Court of Alabama · 1893
  3. Dominick v. RandolphSupreme Court of Alabama · 1899
  4. Odom v. StateSupreme Court of Alabama · 1911
  5. Woodward Iron Co. v. SpencerSupreme Court of Alabama · 1915

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. National Life Accident Ins. Co. v. HannonSupreme Court of Alabama · 1924
  2. Vaughn v. VaughnSupreme Court of Alabama · 1928
  3. Hale v. HaleSupreme Court of Alabama · 1917
  4. Chandler v. ChandlerSupreme Court of Alabama · 1920

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