Calera Land Co. v. Brinkerhoff
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before the Hon. Leroy E. Box. This action was brought by W. E. Brinkerhoff, against the Calera Land Company, a private corporation, and Arthur Adams, its agent as alleged; was commenced on the 5th March, 1887, and sought to recover damages for an alleged trespass on land. The defendants pleaded the general issue, and several special pleas, on which issue was joined.
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Appeal from the Circuit Court of Shelby. Tried before the Hon. Leroy E. Box. This action was brought by W. E. Brinkerhoff, against the Calera Land Company, a private corporation, and Arthur Adams, its agent as alleged; was commenced on the 5th March, 1887, and sought to recover damages for an alleged trespass on land. The defendants pleaded the general issue, and several special pleas, on which issue was joined. “On the trial,” as the bill of exceptions states, “the plaintiff offered in evidence a quit-claim deed for the premises, from David Adams to himself; which deed not having been…
1Opinion of the CourtMcCLELLAN, J.
The only question presented by this record goes to the competency of a party to prove the handwriting of an attesting witness to a deed, the failure to introduce the latter being properly accounted for. We entertain no doubt of the correctness of the action of the court below in allowing the plaintiff to testify to the handwriting of the absent attesting witness. Section 2765 of the Code removes all objection to the competency of witnesses predicated on interest, or the fact of their being parties to the record, with certain exceptions, within which the testimony involved here clearly does…
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