Cargile v. Ragan
Supreme Court of Alabama
Appeal from tbe Circuit Court of Olay. Tried before tbe Hon. H. D. Clayton. This action was brought by John T. Ragan and James T. Houston, against William J. Cargile, to reqgver the possession of a certain tract of land, particularly described in the complaint; and was commenced on the 31st July, 1878. The plaintiffs claimed title to the land under a deed from W. J. Cunningham ; and to show title in him, they offered in evidence a certified transcript of the record of a suit…
Read the full summary
Appeal from tbe Circuit Court of Olay. Tried before tbe Hon. H. D. Clayton. This action was brought by John T. Ragan and James T. Houston, against William J. Cargile, to reqgver the possession of a certain tract of land, particularly described in the complaint; and was commenced on the 31st July, 1878. The plaintiffs claimed title to the land under a deed from W. J. Cunningham ; and to show title in him, they offered in evidence a certified transcript of the record of a suit in the Chancery Court of Talladega, showing a sale by the register under the decree of the court, its confirmation by a…
1Opinion of the CourtBriokell, C. J.
— 1. The certificate of the register affirms that the transcript to which it -is appended contains “ a full, true, and complete transcript of the record and proceedings in the cause,” &c. The record the register is required to make and preserve in his office, of a cause disposed of by a decree on the merits, does not comprehend all that must be embraced in a transcript which is certified to be used as evidence in other courts. Commissions to take depositions, and depositions, he is not required to introduce into the final record. These it is his duty to make, file, and preserve. When…
2Cases cited1 opinion
- Mervine v. ParkerSupreme Court of Alabama · 1850
3Cited by5 opinions
- In re Burr Mfg. & Supply Co.Court of Appeals for the Second Circuit · 1914
- Taylor v. TaylorSupreme Court of Alabama · 1981
- Cofer v. ScheningSupreme Court of Alabama · 1893
- Vietzen v. OtisWashington Supreme Court · 1907
- Dubose v. DuboseSupreme Court of Alabama · 1987