Jones v. Pelham
Supreme Court of Alabama
Appeal from Talladega Circuit Court. Tried before tbe Hon. Leroy E. Box. Tbis cause was revived in tbe name of plaintiff Jones, as administrator of one George, wbo bad brought suit through bis attorney Thomas Hayden, for certain land in tbe town of Talladega. George claimed title through a deed from McMillan. Tbis deed when offered in evidence bore marks of mutilation.
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Appeal from Talladega Circuit Court. Tried before tbe Hon. Leroy E. Box. Tbis cause was revived in tbe name of plaintiff Jones, as administrator of one George, wbo bad brought suit through bis attorney Thomas Hayden, for certain land in tbe town of Talladega. George claimed title through a deed from McMillan. Tbis deed when offered in evidence bore marks of mutilation. Tbe bill of exceptions recites: “Tbis witness (Tbomas Hayden) having testified on direct examination, in explanation of tbe mutilation of tbe deed, that said George bad stated to witness that be out tbe due bill endorsed or…
1Opinion of the Court
CLOPTON J.
As a general rule, a party’s own declarations, made in the absence of his adversary, cannot be admitted as evidence for him. An exception to the general rule is, that the declarations of one in possession of property, explana-, tory of the possession, may be received in evidence as constituting a part of the res gesta. His declarations, however, respecting the source of his title, and not explanatory of the possession, are inadmissible. The defence of the statue of limitations having been set up to the present suit, it was necessary for the defendants to show adverse possession…
2Cases cited5 opinions
- Wilkinson v. RoperSupreme Court of Alabama · 1883
- Driggers v. CassadySupreme Court of Alabama · 1882
- Keane v. CannovanCalifornia Supreme Court · 1863
- Louisville & Nashville Railroad v. BoykinSupreme Court of Alabama · 1884
- Wells v. SheererSupreme Court of Alabama · 1884
3Cited by17 opinions
- Manning v. StateSupreme Court of Alabama · 1928
- Kennedy v. StateSupreme Court of Alabama · 1888
- Black v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Reddick v. LongSupreme Court of Alabama · 1899
- Isbell v. StateCourt of Criminal Appeals of Alabama · 1976
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