Parsons v. Woodward
Supreme Court of Alabama
Appeal from Talladega Circuit Court. Tried before lion. LeRoy F. Box.. This was a statutory real action in the nature of ejectment, and was brought by M. C. Woodward, a married woman, and J. A. Woodward, her husband, against Lewis E. Parsons,, and others, his tenants in possession.
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Appeal from Talladega Circuit Court. Tried before lion. LeRoy F. Box.. This was a statutory real action in the nature of ejectment, and was brought by M. C. Woodward, a married woman, and J. A. Woodward, her husband, against Lewis E. Parsons,, and others, his tenants in possession. The plaintiffs and the defendant Parsons both deduced title from one J. L. Elston, the former claiming under a sale and conveyance made by the sheriff of Talladega county to Mrs. Woodward, under divers executions issued on judgments rendered against Elston in the circuit court of said county; and the latter, under…
1Opinion of the CourtStone, J.
— The present suit was brought by Woodward and wife, and is a statutory real action for the recovery of the *352lands described in the complaint. The onus, as in all other cases, was on the plaintiffs to show at least aprima facie right to recover. Showing that, they could rest, and the onus would then be shifted, and the defendant would be required to rebut, or overturn that prima faeie case. The plaintiffs recovered below, and the defendant appeals. On him rests the burden of showing the circuit court erred to his prejudice. The errors assigned are all based on a bill of exceptions signed -by…
2Cases cited5 opinions
- You v. FlinnSupreme Court of Alabama · 1859
- Deslonde & James v. Darrington's HeirsSupreme Court of Alabama · 1856
- McDougald's Adm'r v. DoughertySupreme Court of Alabama · 1864
- Schaffer v. LavrettaSupreme Court of Alabama · 1876
- Slaughter v. McBrideSupreme Court of Alabama · 1881
3Cited by16 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Caldwell v. PollakSupreme Court of Alabama · 1890
- Alabama Great Southern Railroad v. DobbsSupreme Court of Alabama · 1893
- Catts v. PhillipsSupreme Court of Alabama · 1928
- Anniston Mfg. Co. v. So. R'y Co.Supreme Court of Alabama · 1906
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