Hardy v. Randall
Supreme Court of Alabama
Appeal from Shelby County Court. Heard before Hon. W. W. Wallace. Common-law ejectment by F. H. Hardy against B. T. Bandall. Judgment for defendant, and plaintiff appeals. The following charges were refused to plaintiff: (1) “I charge you that the burden of proof is on the defendant to prove his plea of adverse possession, and that if the evidence is in equipoise — that is, equally divided— you must find for the plaintiff.”
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Appeal from Shelby County Court. Heard before Hon. W. W. Wallace. Common-law ejectment by F. H. Hardy against B. T. Bandall. Judgment for defendant, and plaintiff appeals. The following charges were refused to plaintiff: (1) “I charge you that the burden of proof is on the defendant to prove his plea of adverse possession, and that if the evidence is in equipoise — that is, equally divided— you must find for the plaintiff.” (2) “I charge you that the burden is on the defendant to prove his plea of adverse possession.” The following constitute the fifth and sixth assignments of error: “State…
1Opinion of the CourtMcCLELLAN, J.
Common-law ejectment. The bill of exceptions contains this. recital, which is the basis of an assignment of error: “The plaintiff rested his case. In opening his argument to the jury counsel for plaintiff handed about eight drawings, a copy of which is hereto attached marked Exhibit 5/ to the jury, without saying anything to the court or addressing counsel about it. When objection was made by adversary counsel, plaintiff’s counsel stated to the court that it was a drawing based on the evidence of the case with which he desired to illustrate his argument, in the absence of a blackboard for…
2Cases cited6 opinions
- Black v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Dorlan v. WestervitchSupreme Court of Alabama · 1903
- Rand v. SymsMassachusetts Supreme Judicial Court · 1894
- Zube v. WeberMichigan Supreme Court · 1887
- Dunlap v. StateSupreme Court of Alabama · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McLaney v. TurnerSupreme Court of Alabama · 1958
- Clark v. HudsonSupreme Court of Alabama · 1956
- Shepherd v. Scott's ChapelSupreme Court of Alabama · 1927
- Chandler v. GoodsonSupreme Court of Alabama · 1950
- Bristow v. StateAlabama Court of Appeals · 1931
2 more not listed; retrieve them via the Exa API.