Baker v. Blackburn
Supreme Court of Alabama
ERROR to the Circuit Court of Tuskaloosa. This was an action of trespass quare clausum fregit, by the plaintiffs in error, against the defendant.
Read the full summary
ERROR to the Circuit Court of Tuskaloosa. This was an action of trespass quare clausum fregit, by the plaintiffs in error, against the defendant. Upon the trial, the plaintiffs, to show their right to maintain the action in their joint names, offered in evidence, the copy of a deed (having laid a satisfactory ground for the introduction of the secondary evidence) which bore date previous to the commencement of the suit, and purported to be executed by the plaintiffs, and proved by a witness, that he received the original from one of the, plaintiffs, some days after the commencement of the…
1Opinion of the CourtOrmond, J.
It is certainly the general rule, that where a deed is offered in evidence, to which there is no subscribing witness, proof of the hand-writing of the obligor will authorise the jury to infer its due execution. This rule must, however, in its application, be confined to those cases where the deed is offered in evidence against the maker. In this case, the deed offered in evidence, purported to convey an interest in the land from one of the plaintiffs to the other, and was the evidence of their right to maintain the action in their joint names, to which deed the defendant was neither party nor…
2Cases cited1 opinion
- Bradford v. DawsonSupreme Court of Alabama · 1841
3Cited by2 opinions
- Estate of Elbert B. Whitt, Loyd Whitt v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1985
- Bell v. PharrSupreme Court of Alabama · 1845