Blount v. Blount
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before 1-Ion. John H. Dtsque. Bill by Joseph G. Blount against Lily T. Blount and others to cancel and remove a deed as oloud on title. From a judgment for defendant complainant appeals.
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Appeal from Gadsden City Court. Heard before 1-Ion. John H. Dtsque. Bill by Joseph G. Blount against Lily T. Blount and others to cancel and remove a deed as oloud on title. From a judgment for defendant complainant appeals. The facts made by the case are that Gus Blount, the husband of Lily Blount and the father of the other respondents, filed for record and had recorded in the probate office of Etowah county a deed to himself from Joseph G. Blount, conveying a lot of land to said Gus Blount, reserving a life interest in Joseph G. Blount. Gus Blount died, and Joseph G. Blount filed this bill…
1Dissent
McCLELLAN, j.
(dissenting). — The question presented by this appeal involves the competency vel non of the complainant to testify as a witness in denial of his execution, both in signature and acknowledgment, of a deed purported to he from the complainant, as grantor, to his son, now deceased, as grantee. The majority of the court hold him to be so competent, not inhibited by the exception in Code 1907, § 4007 (1794), and hence that the proffered testimony is admissible.
Where the competency of a witness to testify, generally or along particular lines, is raised, it is the province and duty of…
2Cases cited18 opinions
- Kirksey v. KirkseySupreme Court of Alabama · 1868
- Miller v. Cannon & Co.Supreme Court of Alabama · 1887
- Alexander v. AlexanderSupreme Court of Alabama · 1882
- Wood v. Brewer & BrewerSupreme Court of Alabama · 1882
- McDonald v. HarrisSupreme Court of Alabama · 1901
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