Alexander v. Alexander
Supreme Court of Alabama
Appeal from Slielby Circuit Court. Tried before lion. ¥i. S. Mudd. This was a statutory real action in the nature of ejectment, brought by Thomas H. Alexander against John Alexander, and was commenced on 2d September, 1879. The plaintiff claimed title under a deed alleged to have been executed by defendant, aud the point of contention was, whether that deed had ever been delivered.
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Appeal from Slielby Circuit Court. Tried before lion. ¥i. S. Mudd. This was a statutory real action in the nature of ejectment, brought by Thomas H. Alexander against John Alexander, and was commenced on 2d September, 1879. The plaintiff claimed title under a deed alleged to have been executed by defendant, aud the point of contention was, whether that deed had ever been delivered. The evidence introduced on the trial, so far as disclosed by the bill of exceptions, is sufficiently stated in the opinion. The exceptions reserved were to two sections or subdivisions of the general charge of the…
1Opinion of the CourtStone, J.
Charges of the court should always be framed *297in reference to the testimony, and in construing them we must have regard to the same standard.-1 Brick. Dig. 345, § 141; DeArman v. The State, at the present term.
The bill of exceptions leaves no room for doubt or dispute as to the following facts: John Alexander himself spoke to the draughtsman, and procured the deed to be drawn. The deed expresses a valuable consideration, and is, in form, a deed of bargain and sale, with covenants of warranty. It bears date January 18, 1870, and has the signature of John Alexander, but no subscribing witnesses.…
2Cases cited11 opinions
- Kingsbury v. BurnsideIllinois Supreme Court · 1871
- Hawkes v. PikeMassachusetts Supreme Judicial Court · 1870
- Elsberry v. BoykinSupreme Court of Alabama · 1880
- Elsey v. MetcalfCourt for the Trial of Impeachments and Correction of Errors · 1845
- Rivard v. WalkerIllinois Supreme Court · 1866
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Carter v. ChambersSupreme Court of Alabama · 1885
- Gulf Red Cedar Co. v. CrenshawSupreme Court of Alabama · 1910
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
- Montgomery & Eufaula Railway Co. v. KolbSupreme Court of Alabama · 1882
- Hammil v. StateSupreme Court of Alabama · 1891
22 more not listed; retrieve them via the Exa API.