Hendricks v. Kelly
Supreme Court of Alabama
Appeal from the Chancery Court of Sumter. Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 23d June, 1877, by Thomas Kelly, against Virginia A. Hendricks; and sought to enjoin a judgment at law in a statutory action of ejectment, which the defendant, had recovered against said Kelly, to cancel the defendant’s deed for the land, on which her judgment was recovered, and to quiet the complainant’s title and possession of the land.
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Appeal from the Chancery Court of Sumter. Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 23d June, 1877, by Thomas Kelly, against Virginia A. Hendricks; and sought to enjoin a judgment at law in a statutory action of ejectment, which the defendant, had recovered against said Kelly, to cancel the defendant’s deed for the land, on which her judgment was recovered, and to quiet the complainant’s title and possession of the land. The land had belonged to one James A. "Woodward, who sold and conveyed it to Kelly, the complainant in this suit, by deed dated the 8th…
1Opinion of the CourtBrickell, C. J.
1. The objection to the competency of the appellee, and of his vendor, Woodward, as witnesses to *391prove the declarations and statements of O’Neal, and of Beavis, who were dead, was properly overruled. The 0 ode of 1876 (§ 3058) renders all persons, without regard to interest, or their relation to the record, competent witnesses in civil causes. There is an exclusion of particular evidence, when proceeding from a party, or his beneficiary; that is, evidence of statements by, or transactions with a deceased person, whose estate is interested in the result of the suit; or of such transactions or…
2Cases cited3 opinions
- Doe ex dem. McPherson v. WaltersSupreme Court of Alabama · 1849
- Gimon v. DavisSupreme Court of Alabama · 1860
- Kelly v. HendricksSupreme Court of Alabama · 1876
3Cited by31 opinions
- Ivy v. HoodSupreme Court of Alabama · 1918
- Redwine v. JacksonSupreme Court of Alabama · 1950
- McCarthy v. NicrosiSupreme Court of Alabama · 1882
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Ala. Gt. Southern R. R. v. South & North Ala. R. R.Supreme Court of Alabama · 1887
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