Wade v. Gilmer
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Je. Ejectment by L. A. Gilmer against M. L. Wade. Judgment for plaintiff and defendant appeals. The court erred in the admission of the testimony of the surveyor. — L. & N. v. Tegner, 125 Ala. 593. The only way to show delivery of deed is by parol testimony.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Je. Ejectment by L. A. Gilmer against M. L. Wade. Judgment for plaintiff and defendant appeals. The court erred in the admission of the testimony of the surveyor. — L. & N. v. Tegner, 125 Ala. 593. The only way to show delivery of deed is by parol testimony. It is competent to show that since the bringing of the suit plaintiff had parted with possession of the land, and turned it over to his son. — Scranton v. Ballard, 64 Ala. 403; Bruce v. Bradshaw, 69 Ala. 360; Gofer v. S aliening, 98 Ala. 338. Counsel discuss other…
1Opinion of the Court
McCLELLAN, J. —
A succinct statement of the progress and posture of the pleading in this matter will disclose the narrow issue made by the trial. On August 21, 1911, Gfilmer (appellee) filed a complaint in statutory ejectment against Wade (appellant) to recover 40 acres of land therein described. On October 4, 1911, Wade filed to the complaint two “pleas.” The first appears to have been disclaimer of all of the land sued for except a fraction thereof particularly described in the *527first “plea.” The second “plea” was, in substance, the statute of limitation as to part (described therein) of the…
2Cases cited5 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Torrey v. ForbesSupreme Court of Alabama · 1891
- Irwin v. EversonSupreme Court of Alabama · 1891
- McQueen v. LampleySupreme Court of Alabama · 1883
3Cited by26 opinions
- Smith v. BachusSupreme Court of Alabama · 1915
- Oliver v. OliverSupreme Court of Alabama · 1914
- Alford v. RodgersSupreme Court of Alabama · 1942
- Limbaugh v. ComerSupreme Court of Alabama · 1956
- Pounders v. NixSupreme Court of Alabama · 1930
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