Legal Opinion

Walker v. Carroll

Supreme Court of Alabama

Decided November 15, 1880PublishedCited by 16 opinions

Appeal from the Circuit Court of Colbert. Tried before the Hon. Wm. S. Mudd. This action was brought by David H. Walker, against Thomas Nunnley and Simpson Clayton, tenants in possession, to recover the possession of a tract of land, with damages for its detention; and was commenced on the 28th August, 1872. The plaintift had purchased the lands sued for, part of a larger tract, from one Bell, in 1860, and went into possession of them under his purchase; and he continued to…

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Appeal from the Circuit Court of Colbert. Tried before the Hon. Wm. S. Mudd. This action was brought by David H. Walker, against Thomas Nunnley and Simpson Clayton, tenants in possession, to recover the possession of a tract of land, with damages for its detention; and was commenced on the 28th August, 1872. The plaintift had purchased the lands sued for, part of a larger tract, from one Bell, in 1860, and went into possession of them under his purchase; and he continued to reside on them, claiming them as his homestead exemption, during the proceedings had in the United States District Court…

1Opinion of the CourtStone, J.

— The record in this case has been unnecessarily enlarged, by exhibits to the bill of exceptions, which do little more than recite facts already stated, in substance, in the body of the bill; yet, notwithstanding its length, it is not expressly stated that the evidence, so set forth, was all the evidence on which the case was tried. We think, however, it sufficiently appears that the whole of the evidence is set forth, to enable us to revise the action of the court in giving the charge asked by the defendants. We think the construction placed by this court on bills of exceptions, in some…

2Cases cited4 opinions

  1. Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
  2. King v. Kent's HeirsSupreme Court of Alabama · 1857
  3. Shaw v. LindseySupreme Court of Alabama · 1877
  4. Kirksey v. HardawaySupreme Court of Alabama · 1867

3Cited by16 opinions

  1. Alexander v. WheelerSupreme Court of Alabama · 1881
  2. Braham v. StateSupreme Court of Alabama · 1904
  3. Tedder v. SteeleSupreme Court of Alabama · 1881
  4. DeVenney v. HillSupreme Court of Alabama · 2005
  5. Walker v. StruveSupreme Court of Alabama · 1881

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