McWilliams v. Rodgers
Supreme Court of Alabama
Appeal from tbe Circuit Court of Autauga. Tried before tbe Hon. James Q. Smith. Tbis action was brought by A. K. McWilliams against W. L. Rodgers, to recover the possession of a tract of land near Prattville, containing about twenty-four acres, together with damages for its detention; and was commenced on the 13th March, 1874. The land had belonged to Joshua White, and both of the parties claimed under him; the plaintiff under a sheriff’s deed, dated March 3,1873; and the…
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Appeal from tbe Circuit Court of Autauga. Tried before tbe Hon. James Q. Smith. Tbis action was brought by A. K. McWilliams against W. L. Rodgers, to recover the possession of a tract of land near Prattville, containing about twenty-four acres, together with damages for its detention; and was commenced on the 13th March, 1874. The land had belonged to Joshua White, and both of the parties claimed under him; the plaintiff under a sheriff’s deed, dated March 3,1873; and the defendant under a mortgage, or deed of trust, dated the 3d September, 1867, and a deed to himself, as the purchaser at a…
1Opinion of the CourtStone, J.
The term “evidence,” in legal, technical sense, is almost the synonym of instrument of proof. Green-leaf (vol. 1, § 1) says, it “ includes all the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or disproved.” This is its technical meaning. — Bouvier’s Dictionary. Its general, popular signification is much broader. Its primary, obvious meaning is, “ that which makes evident or manifest; the ground of belief or judgment; conclusive testimony; a statement which contains proofs; as, the evidence of our senses; evidence of truth or…
2Cases cited3 opinions
- Wiley, Banks & Co. v. KnightSupreme Court of Alabama · 1855
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Reynolds v. WelchSupreme Court of Alabama · 1872
3Cited by6 opinions
- Birmingham Trust & Savings Co. v. SheltonSupreme Court of Alabama · 1935
- Farrish v. StateSupreme Court of Alabama · 1879
- McDowell v. SteeleSupreme Court of Alabama · 1888
- Beck v. StateSupreme Court of Alabama · 1885
- Western Union Tel. Co. v. GriffithSupreme Court of Alabama · 1909
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