Singer Manufacturing Co. v. Riley
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. H. D. Clayton. The facts in this case fully appear in the opinion of the court. cited: 1. Gr. on Ev. §§ 558, 569, 572; Asl&ew Bros v. Steiner et al, 76 Ala. 218, upon the insufficiency of the proof, offered by plaintiff; of the execution of the alleged deed from Torrey to Eason. 2. As to proof necessary to show loss of original: Shorter v. Shepard, 33 Ala. 648 ; Mitchell v. Mitchell, 3 Stew. & Port. 81 ; Lee v.…
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Appeal from the Circuit Court of Lee. Tried before the Hon. H. D. Clayton. The facts in this case fully appear in the opinion of the court. cited: 1. Gr. on Ev. §§ 558, 569, 572; Asl&ew Bros v. Steiner et al, 76 Ala. 218, upon the insufficiency of the proof, offered by plaintiff; of the execution of the alleged deed from Torrey to Eason. 2. As to proof necessary to show loss of original: Shorter v. Shepard, 33 Ala. 648 ; Mitchell v. Mitchell, 3 Stew. & Port. 81 ; Lee v. Mathews, 10 Ala. 682 ; Tatum v. Young, 1 Port. 298 ; Beall v. Dearing, 7 Ala. 124.
1Opinion of the CourtStone, C. J.
This was a statutory real action instituted by Riley, and defended by the Singer Manufacturing Company. One link in the plaintiff’s chain of title was an alleged deed from Torrey to Eason, the latter being plaintiff’s grantor. The deed was alleged to be lost, and was attempted to be proved by copy. The copy offered is shown in the record. It purports to have two subscribing witnesses, one writing his name, and the other making his mark. It was never acknowledged or probated, but appears to have been recorded in the probate office. There is testimony, not contradicted, that the grantor, the…
2Cases cited2 opinions
- Jaques v. HortonSupreme Court of Alabama · 1884
- Comer v. HartSupreme Court of Alabama · 1885
3Cited by6 opinions
- Potts v. ColemanSupreme Court of Alabama · 1888
- Wiggins v. Stapleton Baptist ChurchSupreme Court of Alabama · 1968
- United States Fidelity & Guaranty Co. v. Town of DothanSupreme Court of Alabama · 1911
- Roysdon v. TerryCourt of Appeals of Tennessee · 1927
- Hottenstein v. HottensteinIndiana Supreme Court · 1922
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