Farley v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Coosa. Tried before tbe Hon. Nat. Cooe. This action was brought by James A. Farley, against Neill Smith, to recover a tract of land containing three hundred and twenty acres, which was described in the complaint as the “north half of section eighteen, township nineteen, range nineteen, east, in the Tallapoosa land-district”; and was commenced on the 18th April, 1859. The defendant pleaded “not guilty, and the statutes of limitation of ten and…
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Appeal from the Circuit Court of Coosa. Tried before tbe Hon. Nat. Cooe. This action was brought by James A. Farley, against Neill Smith, to recover a tract of land containing three hundred and twenty acres, which was described in the complaint as the “north half of section eighteen, township nineteen, range nineteen, east, in the Tallapoosa land-district”; and was commenced on the 18th April, 1859. The defendant pleaded “not guilty, and the statutes of limitation of ten and twenty years, with leave to plead any other proper matter”; and issue was joined on these pleas. The land in…
1Opinion of the CourtA. J. Walker, C. J.
It is contended that the charge, which the court below refused to give,-would have excluded from the consideration of the jury two material facts, and was, therefore, objectionable. Those two facts are, the payment of the purchase-money, and the cutting of timber on the land in 1839 and 1840. The bond for titles recites the payment of the purchase-money; and it might be argued at least, with much plausibility, that the request to charge, by referring to the bond for title as the source of the defendant’s claim, embraces the fact of the payment of the purchase-money. But the charge ashed the…
2Cases cited14 opinions
- Proprietors of the Kennebeck Purchase v. SpringerMassachusetts Supreme Judicial Court · 1808
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Brown v. CockerellSupreme Court of Alabama · 1858
- Pasley v. EnglishSupreme Court of Virginia · 1848
- Overton's heirs v. DavissonSupreme Court of Virginia · 1844
9 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
- Green v. MarlinSupreme Court of Alabama · 1929
- Walker v. CrawfordSupreme Court of Alabama · 1881
- Bell v. DensonSupreme Court of Alabama · 1876
- Childress v. CallowaySupreme Court of Alabama · 1884
21 more not listed; retrieve them via the Exa API.