Allred v. Elliott
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Tried before Hon. LeRoy E. Box. This was a real action under the statute in the nature of ejectment, brought by Joseph Allred against David Elliott, M. (x. Kennedy and William Sandlin, and was tried on issue joined on the pleas of not guilty and the statute of limitations of ten Íears. The defendants claimed title in Mrs. S. C. Kennedy, llliott and Sandlin being her tenants, and M. Gr. Kennedy her husband.
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Appeal from Cullman Circuit Court. Tried before Hon. LeRoy E. Box. This was a real action under the statute in the nature of ejectment, brought by Joseph Allred against David Elliott, M. (x. Kennedy and William Sandlin, and was tried on issue joined on the pleas of not guilty and the statute of limitations of ten Íears. The defendants claimed title in Mrs. S. C. Kennedy, llliott and Sandlin being her tenants, and M. Gr. Kennedy her husband. The land in controversy was entered in 1858 by Joseph Knighton, from whom both parties claimed, the plaintiff through one Olayton, and Mrs. Kennedy…
1Opinion of the CourtStone, J.
The testimony of the handwriting of the subscribing witness Dickinson, to the deed purporting to be made by Henderson, was inadmissible. To authorize such evidence, it was necessary to show the subscribing witness was dead, was out of the State, or, for some other reason, had become incompetent to testify. — 1 Brick. Dig. 855-6, §§ 741, 2, 3.
There was an offer of testimony, by a witness who could neither write nor read writing, that a woman, who was absent from the State when last heard from, did write or sign a second deed offered, as a witness. This statement is somewhat indefinite. It…
2Cases cited2 opinions
- Steele v. BrownSupreme Court of Alabama · 1881
- Stewart v. BeardSupreme Court of Alabama · 1881
3Cited by2 opinions
- Mobile, J. &. K. C. R. R. v. HawkinsSupreme Court of Alabama · 1909
- Guice v. ThorntonSupreme Court of Alabama · 1884