Standifer v. Swann
Supreme Court of Alabama
Appeal from the Circuit Court of DeKalb. Tried before the Hon. Leroy F. Box. This action was brought by John Swann and John A. Billups, as trustees, against Frank H. Standifer and wife, to recover the possession of a tract of land, which- was described in the complaint as “the whole of section seventeen (17), township seven (7), range nine (9) east (except the north-west quarter of the north-west quarter of said section), and the south half of the south-east quarter, and the…
Read the full summary
Appeal from the Circuit Court of DeKalb. Tried before the Hon. Leroy F. Box. This action was brought by John Swann and John A. Billups, as trustees, against Frank H. Standifer and wife, to recover the possession of a tract of land, which- was described in the complaint as “the whole of section seventeen (17), township seven (7), range nine (9) east (except the north-west quarter of the north-west quarter of said section), and the south half of the south-east quarter, and the south half of the southwest quarter of section nine (9), in same township and range and was commenced on the 25th…
1Opinion of the CourtSomerville, J.
The evidence shows a clear prima facie right of recovery in the plaintiffs, to the lands sued for, unless the defendants have succeeded in showing a better title. Swann & Billups v. Lindsey, 70 Ala. 507 ; Swann & Billups v. Larmore, Ib. 555.
The defendants seek to do this by the introduction in evidence of a deed, purporting to be the deed of the Alabama and *92Chattanooga Railroad Company, which is shown to have been executed by one John C. Stanton, as general superintendent, who also claimed to be attorney in fact of said railroad company. The question is, Did this deed, under the facts of this…
2Cases cited6 opinions
- Hendricks v. KellySupreme Court of Alabama · 1879
- Allen v. KellamSupreme Court of Alabama · 1881
- Robertson v. BradfordSupreme Court of Alabama · 1881
- Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1882
- Swann & Billups v. LindseySupreme Court of Alabama · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
- Ala. Gt. Southern R. R. v. South & North Ala. R. R.Supreme Court of Alabama · 1887
- Nolen v. HenrySupreme Court of Alabama · 1914
- Mobile & Montgomery Railway Co. v. GilmerSupreme Court of Alabama · 1888
- Echols v. HubbardSupreme Court of Alabama · 1890
18 more not listed; retrieve them via the Exa API.