Hamby v. Folsam
Supreme Court of Alabama
Ejectment. Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Action of ejectment by Folsam, et al., against John Hamby, et al., the facts of which sufficiently appear in the opinion of the court.
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Ejectment. Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Action of ejectment by Folsam, et al., against John Hamby, et al., the facts of which sufficiently appear in the opinion of the court. From a judgment for plaintiff defendant appeals. — The fact of the execution or the existence of a written document may be shown without producing or accounting for its absence. — Hancock v. Kelly, 81 Ala. 368; Green v. Jordan, 83 Ala. 220. The loss of a. writing must he proved by the person in whose possession it was, if living, and if dead, search should be shown to have been…
1Opinion of the CourtTyson, C. J.
— The land in controversy originally belonged to Benjamin Folsam, who died in possession of it in the year 1872, leaving as his heirs at law four sons and four daughters, only two of which were living at the date of the trial. One of the sons died without children. This action, which was commenced in May, 1904, is for the recovery of an undivided two-sevenths interest in the land by the grandchildren of Benjamin, sons- and daughters of two of his .deceased children. The testimony on behalf of the plaintiffs tended to show that upon the death *223of Benjamin bis son James took possession of the…
2Cases cited3 opinions
- Johnson v. ToulminSupreme Court of Alabama · 1850
- Bozeman v. BozemanSupreme Court of Alabama · 1886
- Jackson v. ElliottSupreme Court of Alabama · 1892
3Cited by8 opinions
- Bradford v. SneedSupreme Court of Alabama · 1911
- Miller v. Vizzard Investment Co.Supreme Court of Alabama · 1916
- Farr v. PerkinsSupreme Court of Alabama · 1911
- Alabama Fuel & Iron Co. v. BroadheadSupreme Court of Alabama · 1924
- Cramton v. RutledgeSupreme Court of Alabama · 1908
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