Hart v. Kendall
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. Henry D. Clayton. This action was brought by Anne E. Hart, against John M. Kendall and James T. Kendall, to recover an undivided on&-eighth interest in a store-house and lot in Eufaula; and was commenced on the 10th October, 1883. The property sued for had belonged to John Hart, who died, intestate, in 1862, leaving eight children, one of whom was the plaintiff.
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Appeal from the Circuit Court of Barbour. Tried before the Hon. Henry D. Clayton. This action was brought by Anne E. Hart, against John M. Kendall and James T. Kendall, to recover an undivided on&-eighth interest in a store-house and lot in Eufaula; and was commenced on the 10th October, 1883. The property sued for had belonged to John Hart, who died, intestate, in 1862, leaving eight children, one of whom was the plaintiff. Letters of administration on ■ his estate were granted to H. C. Hart, who was a son of the deceased; and said H. C. Hart died in June, 1883, never having made a…
1Opinion of the CourtClopton, J.
— The main issue, on which the case was tried, is the statute of limitations. As tending to show that H. C. Hart had paid plaintiff for her interest in the land sued for, the court admitted, against the objection of plaintiff, an entry in the blotter-book of said Hart, since *147deceased, giving ber credit for cash deposited of $4,800.00, as per receipt on the day of the sale of the land; and permitted the book-keeper, who made the entry, to explain its meaning. McCormick, who was the book-keeper, testified that the entry was made by him, by direction of Hart; that he had no personal recollection…
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