Livingston v. Nelson
Supreme Court of Alabama
Appeal from Circuit Court, Cherokee County; W. W. Haralson, Judge. • Statutory ejectment by J. W. Livingston against Sam Nelson. Judgment for defendant, and plaintiff appeals. The parties are adjoining landowners, and the strip of land in the suit is about one rod in width on the north side of the government 40, just south of the 40 owned by defendant.
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Appeal from Circuit Court, Cherokee County; W. W. Haralson, Judge. • Statutory ejectment by J. W. Livingston against Sam Nelson. Judgment for defendant, and plaintiff appeals. The parties are adjoining landowners, and the strip of land in the suit is about one rod in width on the north side of the government 40, just south of the 40 owned by defendant. As to this strip defendant pleaded not guilty, and by amendment made suggestion of a disputed boundary line, on which an issue was made up and tried under § 3843,. Code 1907. The issues of fact were upon the ■location of the government survey…
1Opinion of the CourtSomerville, J.
[1] The record of the proceedings and judgment in the case of Livingston v. Story, an ejectment suit tried upon the suggestion of disputed boundary, though it may have involved the location of a continuation of the same line here in issue, was not admissible in evidence in this case, either as a res judicata, or otherwise. It was an independent case, and privity between Story and this defendant does not appear. .The record was properly excluded ou principles that are elementary and conclusive.
So, also, the questions to plaintiff’s witness, involving reference to, and comparisons with, the…
2Cases cited4 opinions
- Oliver v. OliverSupreme Court of Alabama · 1914
- Wade v. GilmerSupreme Court of Alabama · 1914
- Jeffreys v. JeffreysSupreme Court of Alabama · 1913
- Howard v. BrannanSupreme Court of Alabama · 1914
3Cited by4 opinions
- Upton v. ReadSupreme Court of Alabama · 1952
- Steele v. AllenSupreme Court of Alabama · 1926
- Millican v. MintzSupreme Court of Alabama · 1953
- Spragins v. FitcheardSupreme Court of Alabama · 1921