Guilmartin v. Wood
Supreme Court of Alabama
Appears from the Circuit Court of Pike. Tried before the Hon. Jno. P. Hubbard. These two cases, involving substantially the same facts, were argued and submitted together; each being a statutory action in the nature of ejectment, commenced on the 15th December, 1882, by Mrs. Minnie Guilmartin, a married woman. ■ The defendant in one case was John II. Wood, and in the other James A. Clark and wife, tenants in possession.
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Appears from the Circuit Court of Pike. Tried before the Hon. Jno. P. Hubbard. These two cases, involving substantially the same facts, were argued and submitted together; each being a statutory action in the nature of ejectment, commenced on the 15th December, 1882, by Mrs. Minnie Guilmartin, a married woman. ■ The defendant in one case was John II. Wood, and in the other James A. Clark and wife, tenants in possession. In the first case, the premises sued for were described in the complaint as a lot in the city of Troy, “situated on the west side of North Three-notch street, bounded on the…
1Opinion of the CourtClopton, J.
— In the construction of written instruments, the genera] rule excludes any direct evidence of the intention of the parties, except such as is furnished by the writing itself, when considered in the light of the surrounding facts and circumstances. Parol evidence is admissible, to explain an ambiguity that does not appear on the face of the writing, but arises from some extrinsic, collateral matter — to point out, and connect the writing with the subject-matter, and to identify the object proposed to be described. “Such evidence is received, not for the purpose of importing into the writing…
2Cases cited8 opinions
- Dothard v. DensonSupreme Court of Alabama · 1882
- Humes v. BernsteinSupreme Court of Alabama · 1882
- Clements v. PearceSupreme Court of Alabama · 1879
- Doe ex dem. Hughes v. WilkinsonSupreme Court of Alabama · 1860
- Spiller v. ScribnerSupreme Court of Vermont · 1863
3 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Mass Appraisal Services, Inc. v. CarmichaelSupreme Court of Alabama · 1981
- Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908
- Giddens v. BollingSupreme Court of Alabama · 1890
- Lucy v. Tenn. & Coosa RailroadSupreme Court of Alabama · 1890
- Vizard v. RobinsonSupreme Court of Alabama · 1913
27 more not listed; retrieve them via the Exa API.