Bonner v. Phillips
Supreme Court of Alabama
Statutory Real Action in nature of Ejectment. Appeal from the Circuit Court of Clarke. Tried before the Hon. Wm. E. Clarke.
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Statutory Real Action in nature of Ejectment. Appeal from the Circuit Court of Clarke. Tried before the Hon. Wm. E. Clarke. This action was brought by Mrs. Sarah Phillips (formerly Sarah Presnall), against John Bonner, to recover the possession of a tract of land, which was described in the complaint as “ the south-east quarter of the south-east quarter of section twenty-five (25), of township eight (8) north, range four (4) east,” with damages for its detention ; and was commenced on the 6th October, 1883. The defendant pleaded not guilty, adverse possession for more than three years before…
1Opinion of the Court
STONE, O. J.
The certificate signed by Scott, register of the land-office, was not legal evidence. It was not a certificate made by him, constituting alike an official act done by him, and the evidence of it. Nor was it a certified copy from official records in his custody. It merely stated that the records in his *429office showed “ that, on August 11, 1855, Sarah Presnall entered at St. Stephens, Ala., the S. E. of S. E. \ of section 25, in township 8 N., of range 4 east, St. Stephens principal meridian,” &c. This was, at most, the conclusion of the certifying officer, that the records in his…
2Cases cited3 opinions
- Swann & Billups v. LindseySupreme Court of Alabama · 1881
- Peebles v. TomlinsonSupreme Court of Alabama · 1858
- Woods v. NaborsSupreme Court of Alabama · 1827
3Cited by7 opinions
- Wood v. Holly Manufacturing Co.Supreme Court of Alabama · 1893
- Aiken v. McMillanSupreme Court of Alabama · 1925
- Adams v. Central of Georgia Ry. Co.Supreme Court of Alabama · 1916
- People v. MuellerCalifornia Supreme Court · 1914
- Weil Bros. v. Southern Ry. Co.Alabama Court of Appeals · 1926
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