Humes v. Bernstein
Supreme Court of Alabama
AppiUl from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. This action was brought by Mrs. E. C. Iiumes and others,, against Morris Bernstein ; and was commenced on the 11th July, 1871. The premises sued for were thus .described in the complaint; “ Part of lot number seventeen in the original plan of said city [Httntsville], fronting on Gallatin street, commencing on said street ninety-nine feet from the north-west corner of «said lot number seventeen, and…
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AppiUl from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. This action was brought by Mrs. E. C. Iiumes and others,, against Morris Bernstein ; and was commenced on the 11th July, 1871. The premises sued for were thus .described in the complaint; “ Part of lot number seventeen in the original plan of said city [Httntsville], fronting on Gallatin street, commencing on said street ninety-nine feet from the north-west corner of «said lot number seventeen, and running thence southwardly, along said street, thirty-eight and one-half feet; thence east-wardly, and at right angles…
1Opinion of the CourtStone, J.
In speaking of the form, configuration, and dimensions of real estate, when in controversy, a witness who is a surveyor, or expert, may introduce a map, or diagram, to aid him in making himself understood; and when this is done, the map or diagram may be submitted to the jury, as an aid to that body in understanding or remembering the witness’ testi*554mony.—Bridges v. McClendon, 56 Ala. 327, and authorities cited. But such map, unless prepared according to section 868 of the Code of 1876, is only testimony to be weighed by the jury. It does not rise to the dignity of prima facie proof. Steele,…
2Cases cited7 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Brown v. CockerellSupreme Court of Alabama · 1858
- Bernstein v. HumesSupreme Court of Alabama · 1877
- New Orleans & Selma Railroad v. JonesSupreme Court of Alabama · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
- Flesher v. CallahanSupreme Court of Oklahoma · 1912
- Ashford v. McKeeSupreme Court of Alabama · 1913
- Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
- Crocker v. LeeSupreme Court of Alabama · 1954
34 more not listed; retrieve them via the Exa API.