Mahan v. Smith
Supreme Court of Alabama
Appeal from Chilton City Court. Heard before Hon. A. H. Alston. Ejectment by Henry M. Mahan against Bose Smith. From a judgment for defendant, plaintiff appeals.
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Appeal from Chilton City Court. Heard before Hon. A. H. Alston. Ejectment by Henry M. Mahan against Bose Smith. From a judgment for defendant, plaintiff appeals. Plaintiff having shown a regular chain of title back to Joseph Smith, a party in possession, was entitled to recover. — SchalVs (Jasé, 107 Ala. 531. No privity being-shown between plaintiff and appellee, the allged adverse holding- of Smith can avail appellee nothing.— 'Wither so a v. Lehman-Durr Go., 136 Ala. 468. Two distinct judgments cannot be united in one appeal. — Scranton Ballard, 64 Ala. 402. The bill of exceptions was not…
1Opinion of the CourtDowdell, J.
Motion was made in the court below for a new trial, which was overruled. The citation of appeal shows that the appeal here was taken from the judgment on the'main trial of November 30, 1906. The appeal was properly sued out. — Henry v. Couch, 132 Ala. 570, 31 South. 463. The contention, therefore, of counsel for appellee as to irregularity in taking the appeal, is without merit.
*484The court in term time, on December 5, 1906, made an order allowing the plaintiff 80 days from date for preparing and tendering his bill of exceptions, and subsequently in vacation the judge who presided at the trial,…
2Cases cited7 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Abbett v. PageSupreme Court of Alabama · 1890
- Doolittle v. RobertsonSupreme Court of Alabama · 1895
- Yancey v. Savannah & Western RailroadSupreme Court of Alabama · 1893
- Murray v. HoyleSupreme Court of Alabama · 1890
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3Cited by9 opinions
- Grayson v. MuckleroySupreme Court of Alabama · 1929
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- Sisson v. SwiftSupreme Court of Alabama · 1942
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