Whitten v. McFall
Supreme Court of Alabama
Appeal from the Chancery Court of Lauderdale. Heard before the Hon. William H. Simpson. On the 18th day of May, 1895, /. M. Johnson died in Lauderdale county, Alabama, at about the age of 78 years. His children who are living or who left descendants are M. C. Johnson, T. W. Johnson, John O. Johnson and Nancy J. Whitten. M. O. Johnson is dead and his only descendants are the infant appellees, Beulah and Maud Johnson.
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Appeal from the Chancery Court of Lauderdale. Heard before the Hon. William H. Simpson. On the 18th day of May, 1895, /. M. Johnson died in Lauderdale county, Alabama, at about the age of 78 years. His children who are living or who left descendants are M. C. Johnson, T. W. Johnson, John O. Johnson and Nancy J. Whitten. M. O. Johnson is dead and his only descendants are the infant appellees, Beulah and Maud Johnson. T. M. Johnson is also dead and his only descendant is Selinah E. McFall. The wife of Z. M. Johnson died about two years prior to his decease, and soon after her death said Johnson…
1Opinion of the CourtHaralson, J.
— When a lost or destroyed deed or will is sought to be established, the proof of its contents *623ought to be such as to leave no reasonable doubt as to its substantial parts. The evidence of what it contained should be clear, full and satisfactory. — Elyton Land Co. v. Denny, 108 Ala. 553. The burden of proving the contents of such a paper is on the party seeking an interest under it. — Newell v. Homer, 120 Mass. 277.
Another well recognized principle is, that when intimate personal and business relations exist between the parties, and one has advantage or superiority over the other, the…
2Cases cited5 opinions
- Newell v. HomerMassachusetts Supreme Judicial Court · 1876
- Abney v. MooreSupreme Court of Alabama · 1894
- Trawick v. DavisSupreme Court of Alabama · 1888
- Elyton Land Co. v. DennySupreme Court of Alabama · 1895
- Ryan v. PriceSupreme Court of Alabama · 1894
3Cited by8 opinions
- Allen v. ScruggsSupreme Court of Alabama · 1914
- Phillips v. PhillipsSupreme Court of Alabama · 1914
- Robertson v. RobertsonSupreme Court of Alabama · 1905
- Adair v. CraigSupreme Court of Alabama · 1902
- Couch v. CouchSupreme Court of Alabama · 1906
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