Swindall v. Ford
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Ejectment by G. W. White against O. B. Swindall and another, revived, on death of White and said Swindall, after appeal by defendants from a judgment for plaintiff, as to White in the name of Morris Ford as his administrator, and as to Swindall in the name of his heirs.
Read the full summary
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Ejectment by G. W. White against O. B. Swindall and another, revived, on death of White and said Swindall, after appeal by defendants from a judgment for plaintiff, as to White in the name of Morris Ford as his administrator, and as to Swindall in the name of his heirs. The first part of the oral charge excepted to, is: “That where there is an exception in a deed, the burden is on the defendant, and not on plaintiff, to show that the lands are within the exception, and, unless defendant has reasonably satisfied the jury that…
1Opinion of the CourtDowdell, C. J.
— Statutory ejectment, brought by George W. White, appellee, against O. R. Swindall and wife, appellants, for the recovery of certain lands in Etowah county, Ala. From a verdict and judgment for the plaintiff, the present appeal is prosecuted. After the appeal was taken, and before its submission, the appellee White and O. R. Swindall, one of the appellants, died. Thereupon, in this court, the deaths of said parties were suggested, and the cause, as to appellee White, was revived in the name of Morris Ford, as his administrator, and, as to the appellant O: R. Swindall, was revived in the…
2Cases cited14 opinions
- McCreary v. Jackson Lumber Co.Supreme Court of Alabama · 1906
- Garrett v. StateSupreme Court of Alabama · 1884
- Scott v. StateSupreme Court of Alabama · 1895
- National Bank v. Baker Hill Iron Co.Supreme Court of Alabama · 1895
- Davidson v. State ex rel. WoodruffSupreme Court of Alabama · 1879
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Magee v. YoungTexas Supreme Court · 1946
- Allen v. Standard Ins.Supreme Court of Alabama · 1916
- Ex Parte AnonymousSupreme Court of Alabama · 2001
- Ballentine v. BradleySupreme Court of Alabama · 1939
- Naill v. KirbySupreme Court of Arkansas · 1924
9 more not listed; retrieve them via the Exa API.