Legal Opinion

Gaston v. Weir

Supreme Court of Alabama

Decided December 15, 1887PublishedCited by 10 opinions

Appeal from Wilcox Circuit Court. Tried before Hon. John Moore. All facts necessary to show what was decided in this case are set out in the opinion, except the certificates to two deeds, which are here given. The bill of exceptions recites, that the execution of the deed from Spiva to Ballard was proved.

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Appeal from Wilcox Circuit Court. Tried before Hon. John Moore. All facts necessary to show what was decided in this case are set out in the opinion, except the certificates to two deeds, which are here given. The bill of exceptions recites, that the execution of the deed from Spiva to Ballard was proved. The certificate of the deed from Ballard to Oxford was as follows; “State of Alabama, ) I, George M. Hamner, an acting County of Wilcox, j justice of the peace in and for said county, hereby certify that R. J. Ballard and Mary A. Ballard, whose names are signed to the foregoing conveyance…

1Opinion of the Court

STONE, 0. J.

The present suit, as narrowed down by the pleadings, is a statutory real action for the recovery of nine and three-quarter acres of land. It is described as lying and being in the south-east corner of the north-west quarter of the north-west quarter of section one (1), township fourteen (11), range six (6), Gahaba land district. Such is the description in the pleadings. 1 Each party claims to be a derivative purchaser from Spiva as a common source.

Plaintiff’s chain of title is as follows: Spiva conveyed to Ballard in. 1859; Ballard to Oxford in 1860, and Oxford to plaintiff Weir…

2Cases cited16 opinions

  1. Chambers v. RingstaffSupreme Court of Alabama · 1881
  2. Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
  3. Pollard v. MaddoxSupreme Court of Alabama · 1856
  4. Jaques v. HortonSupreme Court of Alabama · 1884
  5. Wilkinson v. RoperSupreme Court of Alabama · 1883

11 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
  2. Cordano v. WrightCalifornia Supreme Court · 1911
  3. Vizard v. RobinsonSupreme Court of Alabama · 1913
  4. Thompson v. SheppardSupreme Court of Alabama · 1888
  5. Carling v. WilsonSupreme Court of Alabama · 1912

5 more not listed; retrieve them via the Exa API.

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