McCoy v. Watson
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. L. B. Strange. This action was brought by David Watson against L. F. McCoy, to recover the possession of a tract of land, together with damages for its detention. In the summons, and also in the marginal statement of the parties’ names in the complaint, the words “trustee of Ellow Esto Burson ” followed the plaintiff’s name, but there was no averment that he sued in that capacity.
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Appeal from the Circuit Court of Lee. Tried before the Hon. L. B. Strange. This action was brought by David Watson against L. F. McCoy, to recover the possession of a tract of land, together with damages for its detention. In the summons, and also in the marginal statement of the parties’ names in the complaint, the words “trustee of Ellow Esto Burson ” followed the plaintiff’s name, but there was no averment that he sued in that capacity. The court allowed an amendment of the complaint, on motion, by the addition of the words “ as such trustee ; ” to which ruling an exception was reserved by…
1Opinion of the CourtBrickell, J.
The amendment of the complaint was properly allowed, if indeed it was not wholly unnecessary. Humphries v. Dawson, 38 Ala. 199; Crimm’s Adm’rs v. Crawford, 29 Ala. 623.
2. The plaintiff having proved the loss of the original deeds, offered in evidence transcripts thereof, duly certified by the judge of probate of Macon county, in which county the iands were then situated. One of the deeds was made by C. C. Washburn and wife to W. G. Williams, conveying the premises in controversy; was dated the 26th December, 1859, and duly acknowledged before a justice of the peace. The other was from said…
2Cases cited7 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Daniel v. SorrellsSupreme Court of Alabama · 1846
- De Vendell v. Doe ex dem. HamiltonSupreme Court of Alabama · 1855
- Branch Bank at Decatur v. KinseySupreme Court of Alabama · 1843
- Humphries v. DawsonSupreme Court of Alabama · 1861
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3Cited by10 opinions
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