Allred v. Kennedy
Supreme Court of Alabama
Appear from the Circuit Court of Cullman. Tried before the Hon. Leroy F. Box. cited Tyler on Ejectment, 72; Kelly v. Hendrix, 57 Ala. 193; 1 Greenl. Ev. §§ 203, 96, 109, 461, 434; Life Ins. Co. v. Walker, 58 Ala. 290; M. <& C. Railroad Co. v. Maples, 63 Ala. 606; Retersonv. The State, 63 Ala. 114; Humes v. O'Bryan <& Washington, at the present term.
1Opinion of the Court
• SOMEBYILLE, J.
— The action is one of ejectment, under the statute, brought by the appellant, as plaintiff in the court below, against the appellees. Kennedy and others, as defendants. Both parties claimed to have derived title from one Joseph Knighton, and the whole contention resolved itself into one as to the relative superiority of the two claims of title put in evidence before the jury. The several errors assigned arise exclusively upon the rulings of the Circuit Court on the evidence.
The fir.st assignment is based upon the fact, that the court permitted the defendant to prove a verbal…
2Cases cited2 opinions
- Shorter v. SheppardSupreme Court of Alabama · 1859
- Lewis v. HarrisSupreme Court of Alabama · 1858
3Cited by2 opinions
- City Holding Co. v. HoschSupreme Court of Alabama · 1929
- Sollie v. OutlawSupreme Court of Alabama · 1923