Creel v. Keith
Supreme Court of Alabama
Ejectment. Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by James S. Keitli against Aaron H. Creel. Judgment for plaintiff. Defendant appeals. This was a statutory real action in tbe nature of ejectment to recover a certain 40 acres of land named therein. The plaintiff under the statute propounded interrogatories to the defendant, which interrogatories were answered, and in which defendant set up its chain ■of title.
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Ejectment. Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by James S. Keitli against Aaron H. Creel. Judgment for plaintiff. Defendant appeals. This was a statutory real action in tbe nature of ejectment to recover a certain 40 acres of land named therein. The plaintiff under the statute propounded interrogatories to the defendant, which interrogatories were answered, and in which defendant set up its chain ■of title. Interrogatories-were also propounded to one Ward, a justice of the peace, who was supposed to have written and acknowledged a deed from Margaret…
1Opinion of the CourtDowdell, J.
— There was no error committed by the court in overruling the objections of the appellant, the defendant in the co-urt below, to certain parts of the deposition of the witness Ward. This evidence was responsive to the interrogatories propounded to said witness and no- objections were made to the questions. The objections to the answers and the motions- to exclude, therefore, came too late.—Insurance Co. v. Tillis, 110 Ala. 201, 17 South. 672; R. R. Co. v. Bailey, 112 Ala. 177, 20 South. 313; Curtis v. Parker, 136 Ala. 224, 33 South. 935.
Both parties derived title through Margaret Jenkins and…
2Cases cited4 opinions
- Alabama Great Southern Railroad v. BaileySupreme Court of Alabama · 1895
- Gimon v. DavisSupreme Court of Alabama · 1860
- Liverpool & Loudon & Globe Insurance v. TillisSupreme Court of Alabama · 1895
- Curtis v. Parker & Co.Supreme Court of Alabama · 1902
3Cited by8 opinions
- Rolling R Const., Inc. v. DoddSupreme Court of Alabama · 1985
- Silvey & Co. v. CookSupreme Court of Alabama · 1914
- Hurst v. Fitz Water Wheel Co.Supreme Court of Alabama · 1916
- Orr v. StewartAlabama Court of Appeals · 1915
- Wallace v. Frontier Bank, N.A.Supreme Court of Alabama · 2004
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