Caperton v. Hall
Supreme Court of Alabama
Appeal from, the Circuit Court of Jackson. Tried before the Hon. John B. Tally. This was an action of ejectment, brought by the appellees against the appellant. The facts of the case are sufficiently set forth in the opinion. Upon the introduction of all the evidence, the court, at the request of the plaintiff, gave the general affirmative charge in their favor.
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Appeal from, the Circuit Court of Jackson. Tried before the Hon. John B. Tally. This was an action of ejectment, brought by the appellees against the appellant. The facts of the case are sufficiently set forth in the opinion. Upon the introduction of all the evidence, the court, at the request of the plaintiff, gave the general affirmative charge in their favor. The defendant excepted to the giving of this charge, and also excepted to the court’s refusal to give the general affirmative charge requested by him. There were verdict and judgment for the plaintiffs. The defendant appeals, and…
1Opinion of the CourtColeman, J.
The action is ejectment. Some of the questions involved in this case Avere adjudicated in the case of Caperton v. Hall, 83 Ala. 171. The case itself Avas here on a former appeal, and reported in 87 Ala. 285. There are some facts in the present record, *268which, were not in either record on former appeals, or else were not duly considered, and we deem it necessary to state the facts with some particularity and at length, in order to properly understand the reasons for our conclusion of this appeal.
George W. Caperton, being the owner of a tract of land, containing about eight hundred acres, in…
2Cases cited3 opinions
- Hall v. CapertonSupreme Court of Alabama · 1888
- Caperton v. HallSupreme Court of Alabama · 1887
- Sparks v. Woodstock Iron & Steel Co.Supreme Court of Alabama · 1888
3Cited by3 opinions
- General Exchange Ins. Corporation v. FindlaySupreme Court of Alabama · 1929
- Kidd v. CruseSupreme Court of Alabama · 1917
- Sharpe v. BookerSupreme Court of Alabama · 1955