Boykin v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Choctaw. Tried before the Hon. Luther R. Smith. This action was brought by Erank Boykin, against Levi T. Smith, to recover an undivided one-eleventh part of a certain tract of land containing forty acres, particularly described in the complaint; and was commenced on the 28th September, 1878. The plaintiff claimed title to the land as one of the heirs at law of Burwell Boykin, deceased, who died in the spring of the year 1859; and tbe…
Read the full summary
Appeal from the Circuit Court of Choctaw. Tried before the Hon. Luther R. Smith. This action was brought by Erank Boykin, against Levi T. Smith, to recover an undivided one-eleventh part of a certain tract of land containing forty acres, particularly described in the complaint; and was commenced on the 28th September, 1878. The plaintiff claimed title to the land as one of the heirs at law of Burwell Boykin, deceased, who died in the spring of the year 1859; and tbe defendant claimed under a quit-claim deed from Christopher Boykin, who was also one of the sons and heirs at law of said…
1Opinion of the Court
BBICKELL, O. J.
— 1. The objections to the depositions of Christopher and Narcissa Boykin were not well taken. A caption is not indispensable to the authenticity of a deposition, when, by the certificate, it is shown to have been taken in obedience to the commission, by the commissioner therein named, the personal identity of the witness affirmed, his answers reduced .to writing by the commissioner, and that he was duly sworn. Every fact is certified to the court which is essential; and it is unimportant whether the facts are stated in a caption, which must.be certified, or embodied in a…
2Cases cited6 opinions
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Oliver v. RobinsonSupreme Court of Alabama · 1877
- Keller v. MooreSupreme Court of Alabama · 1874
- Louis's Administrator v. EastonSupreme Court of Alabama · 1874
- McQueen v. IveySupreme Court of Alabama · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Redwine v. JacksonSupreme Court of Alabama · 1950
- Hodges v. DennySupreme Court of Alabama · 1888
- Miller v. Cannon & Co.Supreme Court of Alabama · 1887
- Hillens v. BrinsfieldSupreme Court of Alabama · 1895
- Wood v. Brewer & BrewerSupreme Court of Alabama · 1882
35 more not listed; retrieve them via the Exa API.