Legal Opinion

Brown v. Brown

Supreme Court of Alabama

Decided November 29, 1917No. 5 Div. 664PublishedCited by 8 opinions

Appeal from Circuit Court, Macon County ; S. L. Brewer, Judge'.. - Action by Iola Brown against William Brown. From an order granting plaintiff a new trial, defendant appeals.

1Opinion of the Court

■McCLELLAN, J.

Statutory ejectment. A verdict in favor of the defendant was set aside on the motion of the plaintiff, appellee. The controlling, single issue on the trial was whether the plaintiff was under 21 years of age at the death of her father on April 26, 1906, while residing on the land in question. The plaintiff asserted that the date of her birth was- November 17, 1886, and brought evidence of an entry to that effect in the family Bible. The defendant introduced a witness, Woodall, who testified that plaintiff was born in 1884, soon after the occurrence of a storm in the neighborhood…

2Cases cited3 opinions

  1. Hoskins v. HightSupreme Court of Alabama · 1891
  2. People v. AnthonyCalifornia Supreme Court · 1880
  3. Louisville & Nashville Railroad v. AbernathySupreme Court of Alabama · 1915

3Cited by8 opinions

  1. McDowell v. StateSupreme Court of Alabama · 1939
  2. Slaughter v. StateSupreme Court of Alabama · 1938
  3. Lowe v. StateAlabama Court of Appeals · 1945
  4. Finney v. NewsonSupreme Court of Alabama · 1919
  5. Mangino v. ToddAlabama Court of Appeals · 1923

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