Clark v. Colbert
Supreme Court of Alabama
Statutory Heal Action. Appeal from Barbour Circuit Court. Tried before Hon. H. D. Clayton. This was a statutory real action, brought October 14,1878, by Nancy P. Colbert and Mary C. Allen, against Warren J. Clark. The plaintiffs claimed as the heirs at law of Avery Nolen, who died intestate in 1875. The substance of the evidence is set out in .the opinion of the court.
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Statutory Heal Action. Appeal from Barbour Circuit Court. Tried before Hon. H. D. Clayton. This was a statutory real action, brought October 14,1878, by Nancy P. Colbert and Mary C. Allen, against Warren J. Clark. The plaintiffs claimed as the heirs at law of Avery Nolen, who died intestate in 1875. The substance of the evidence is set out in .the opinion of the court. On this evidence the court below charged the jury, “ that if they were satisfied from the evidence that the consideration of the deed offered in evidence by the defendant, W. J. Clark, was an agreement made or entered into…
1Opinion of the CourtStone, J.
— The facts of this case are very simple. There seems to have been but one disputed- question of fact, and the jury resolved that in favor of the appellees. John Allen, husband of Mary Allen, and Elijah Nolen, brother of the two plaintiffs, were under indictment in the City Court of Eufaula for arson in the second degree — the indictment found in 1874. Clark, the appellant, had suffered by the burning, and although not marked on the indictment as prosecutor, had employed counsel to aid in the prosecution. In June, 1875, the said Elijah Nolen and his two sisters, plaintiffs in this action,…
2Cases cited4 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Black v. OliverSupreme Court of Alabama · 1840
- Garrott v. FullerSupreme Court of Alabama · 1860
- Denton v. EnglishSupreme Court of South Carolina · 1820
3Cited by19 opinions
- General Electric Co. v. Town of Fort DepositSupreme Court of Alabama · 1911
- Baird v. HowisonSupreme Court of Alabama · 1908
- Merchants Nat. Bank of Mobile v. CotnamSupreme Court of Alabama · 1948
- Mayor of Ensley v. HollingsworthSupreme Court of Alabama · 1910
- Baker v. Citizens Bank of GuntersvilleSupreme Court of Alabama · 1968
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