Beasley v. Clarke
Supreme Court of Alabama
Appeal from the Circuit Court of Coffee. Tried before the Hon. J. M. Carmichael. This was a statutory real action in the nature of ejectment, brought by the appellee against the appellants, to recover the possession of certain described lands. The action was originally commenced against E.’R. Beasley as the sole defendant, but, by request, V. Holman was made a party defendant. Issue was joined on the plea of the general issue.
Read the full summary
Appeal from the Circuit Court of Coffee. Tried before the Hon. J. M. Carmichael. This was a statutory real action in the nature of ejectment, brought by the appellee against the appellants, to recover the possession of certain described lands. The action was originally commenced against E.’R. Beasley as the sole defendant, but, by request, V. Holman was made a party defendant. Issue was joined on the plea of the general issue. The facts of the case and the rulings of the court upon the evidence are sufficiently stated in the opinion. Upon the introduction of all the evidence, the defendants…
1Opinion of the CourtHead, J.
Statutory real action by appellee against appellants. Plaintiff claimed title under patent to him from the general government, dated September 1, 1858. Defendants claimed title by adverse possession for ten years of themselves and those through whom they acquired possession.
Against the objection and exception of defendants, plaintiff was allowed to introduce in evidence a copy of his patent, certified by .the Commissioner of the General Land Office, under the seal of that office, without accounting for the original. There was no error in this ruling, as settled by Hines v. Greenlee, 3 Ala.…
2Cases cited2 opinions
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
- Hines v. GreenleeSupreme Court of Alabama · 1841
3Cited by2 opinions
- Beasley v. HowellSupreme Court of Alabama · 1897
- Holmes v. StateSupreme Court of Alabama · 1895