King v. Crocheron
Supreme Court of Alabama
Writ of Error to the Circuit Court of Dallas. Before the Hon. N. Cook. Teespass to try title by the defendant in error. It appears from the bill of exceptions, that the defendant in error who was the plaintiff in the court below, in order to establish his tiile to the premises sued for, offered, and read in evidence to the jury, a deed executed by John M. Terry to him for the land in controversy, dated 24th January, 1844, which deed was duly acknowledged and recorded.
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Writ of Error to the Circuit Court of Dallas. Before the Hon. N. Cook. Teespass to try title by the defendant in error. It appears from the bill of exceptions, that the defendant in error who was the plaintiff in the court below, in order to establish his tiile to the premises sued for, offered, and read in evidence to the jury, a deed executed by John M. Terry to him for the land in controversy, dated 24th January, 1844, which deed was duly acknowledged and recorded. He also made proof, that at the date of the deed, and for several years previous, Terry had the possession of said land, and…
1Opinion of the CourtChilton, J.
The refusal of the circuit judge to charge, that under all the evidence, the jury should find for the defendant below, cannot be revised by us, as the bill of exceptions, which must be construed most strongly against the party excepting, does not purport to set out all the proof. No presumptions or intendments adverse to the correctness-of the judgment can be indulged. Morrison v. Morrison, 3 Stew. Rep. 444; McBride v. Norman, 7 Ala. Rep. 19.
Neither was any question raised in the court below upon the sufficiency, or legal effect of the deed from Terry to Grant. True, the consideration is…
2Cases cited8 opinions
- Marshall v. FiskMassachusetts Supreme Judicial Court · 1809
- Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
- Lewis v. PaynCourt for the Trial of Impeachments and Correction of Errors · 1827
- Botsford v. MorehouseSupreme Court of Connecticut · 1823
- Knapp v. McBrideSupreme Court of Alabama · 1844
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gimon v. DavisSupreme Court of Alabama · 1860
- Rowland v. Ladiga's HeirsSupreme Court of Alabama · 1852
- Hollingsworth v. WalkerSupreme Court of Alabama · 1893
- Malone v. HundleySupreme Court of Alabama · 1875
- Kimball v. GreigSupreme Court of Alabama · 1872
1 more not listed; retrieve them via the Exa API.