McCaskle v. Amarine
Supreme Court of Alabama
Writ of Error to the Circuit Court of Randolph. This was an action of trespass, at the suit of the defendant in error, brought as well to try titles to the east half of section six in township seventeen, and range twelve east in the Coosa land district, as to recover damages for its occupation. The cause was tried by a jury, who returned a verdict for plaintiff, assessing his damages at ninety-five dollars.
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Writ of Error to the Circuit Court of Randolph. This was an action of trespass, at the suit of the defendant in error, brought as well to try titles to the east half of section six in township seventeen, and range twelve east in the Coosa land district, as to recover damages for its occupation. The cause was tried by a jury, who returned a verdict for plaintiff, assessing his damages at ninety-five dollars. From a bill of exceptions sealed at the defendant’s instance, it appears that the plaintiff adduced the following evidence, viz: 1. A deed from the sheriff of Randolph to Smith,…
1Opinion of the CourtCollier, C. J.
Without stopping to inquire whether it was necessary for the plaintiff to produce and prove the proceedings before the justice of the peace, or whether the or*22ders of sale having been made upon their inspection, was not conclusive of their regularity, we would remark, that if such proof was essential, we can discover no objection to the competency of the constable. This witness affirms that he was well acquainted with the handwriting of the justice; and if it was more convenient to obtain his testimony, or the plaintiff preferred relying on it, to calling on the justice to prove or admit his…
2Cited by16 opinions
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- Hubbard v. AllenSupreme Court of Alabama · 1877
- McCray v. StateSupreme Court of Georgia · 1910
- Houston v. BlackmanSupreme Court of Alabama · 1880
- Rupert v. MarkIllinois Supreme Court · 1854
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