Alexander v. Savage
Supreme Court of Alabama
Appeal from the Circuit Court of Cleburne. Tried before the Hon. Leroy F. Box. This action was brought by George W. Alexander, individually, and as administrator of the estate of Anna Alexander, deceased, and W. J. Borden, to recover the possession of a tract ofland particularly described in the complaint; and was commenced on the 6th July, 1886. James H. Savage intervened as the landlord of the tenants in possession, and defended the suit, pleading not guilty and the…
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Appeal from the Circuit Court of Cleburne. Tried before the Hon. Leroy F. Box. This action was brought by George W. Alexander, individually, and as administrator of the estate of Anna Alexander, deceased, and W. J. Borden, to recover the possession of a tract ofland particularly described in the complaint; and was commenced on the 6th July, 1886. James H. Savage intervened as the landlord of the tenants in possession, and defended the suit, pleading not guilty and the statute of limitations of five years, applicable to suits by purchasers of land at tax sale; and issue was joined on these…
1Opinion of the CourtSomeeyille, J.
We need consider but one question in this case. Did the Oirciiit Court err in excluding as evidence the deed offered by the plaintiffs ?
The deed embraced the lands in controversy, and bore the date June 8th, 3877, being based on a tax sale made April 5th,. 1875. It was signed by the probate judge in his official capacity, acknowledged before an officer who was authorized by law to take acknowledgement of deeds, and recorded on January 31st, 1881, in the office of the probate judge — all in strict accordance, thus far. with the requirements of section 460 of the Code of 1876, which was the law…
2Cases cited4 opinions
- Doe ex dem. Hughes v. AndersonSupreme Court of Alabama · 1885
- Stovall v. FowlerSupreme Court of Alabama · 1882
- Wilson v. GlennSupreme Court of Alabama · 1880
- Keene v. HoughtonSupreme Judicial Court of Maine · 1841
3Cited by15 opinions
- Grayson v. MuckleroySupreme Court of Alabama · 1929
- Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
- Green v. MarlinSupreme Court of Alabama · 1929
- Owen v. MoxonSupreme Court of Alabama · 1910
- Downey v. North Alabama Mineral Development Co.Supreme Court of Alabama · 1982
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