Perryman v. Wright
Supreme Court of Alabama
Appeal from Randolph. Circuit Court. Heard before Hon. S. L. Brewer. Ejectment by S. P. Wright and others against George Sellers, who suggested O. H. Perryman as landlord. Judgment for plaintiffs, and the substituted defendant appeals. Plaintiffs claim as the heirs at law of George V. Shamblee, who died in 1901, without children, but leaving surviving him a Avidow, Avho died in 1912, and brothers, J. A. Shamblee and S. P. Shamblee, and a sister, Mrs. S. P. Wright.
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Appeal from Randolph. Circuit Court. Heard before Hon. S. L. Brewer. Ejectment by S. P. Wright and others against George Sellers, who suggested O. H. Perryman as landlord. Judgment for plaintiffs, and the substituted defendant appeals. Plaintiffs claim as the heirs at law of George V. Shamblee, who died in 1901, without children, but leaving surviving him a Avidow, Avho died in 1912, and brothers, J. A. Shamblee and S. P. Shamblee, and a sister, Mrs. S. P. Wright. It does not appear that defendant introduced any evidence, and the court gave the affirmative charge for plaintiffs.
1Opinion of the Court
de GRAFFENRIED, J.
The. certified copy of the tract book, which showed the following: “Homestead entry No. 1834, Nov. 29th, 1880, for the S. W. % aI1<l S. % of the S. W. %, Sec. No. 15, and N. E. % of the N. W. %, Sec. 22, T. 18, R. 10 E., 160.32 acres, by G. V. Shamblee, final certificate No. 6605, Oct. 13, 1887. Patent issued to Geo. V. Shamblee July 3, 1880.”
—-was admissible in evidence.—Code of 1907, §§ 3979, 3980. Upon the introduction' of this certificate, there was prima facie evidence before the jury that Geo. V. Shamblee was on July 3, 1880, vested with a perfect legal title to the…
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