Huntington v. Spear
Supreme Court of Alabama
Appeal from tlie Circuit -Court of Mobile. Tried before the Hon. William S. Anderson. This was a -common law action of ejectment, brought by the appellant against the appellee. The cause was tried upon issue joined upon the plea o-f the general issue. The plaintiff offered to introduce in evidence a deed from E-dward Gage, trustee, through which deed the plaintiff claimed title.
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Appeal from tlie Circuit -Court of Mobile. Tried before the Hon. William S. Anderson. This was a -common law action of ejectment, brought by the appellant against the appellee. The cause was tried upon issue joined upon the plea o-f the general issue. The plaintiff offered to introduce in evidence a deed from E-dward Gage, trustee, through which deed the plaintiff claimed title. The -defendant objected to the introduction of this deed in evidence, upon the ground that the conveyance to Gage as trustee conferred upon him no power to sell and convey the land. The court sustained this objection,…
1Opinion of the CourtDowdell, J.
This is a common law action of ejectment. There are two demises laid in the complaint. Upon the trial the plaintiff was compelled to take a non-suit on account of the adverse ruling of the court in the exclusion of evidence. • Tlie evidence excluded was a deed executed by Edward Gage as trustee on the 11th day of Juné, 1853, and is set out in the bill of exceptions. The only pretense of title in Gage, was claimed under the deed of F. S. Lyon as commissioner and trustee executed on the 22d day of April, 1852, which was offered in evidence by the plaintiff to show his title. This latter deed is…
2Cases cited5 opinions
- Robinson v. PierceSupreme Court of Alabama · 1897
- You v. FlinnSupreme Court of Alabama · 1859
- Wilkinson v. MaySupreme Court of Alabama · 1881
- Tindal v. DrakeSupreme Court of Alabama · 1874
- Jordan v. Phillips & Crew Co.Supreme Court of Alabama · 1899
3Cited by5 opinions
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Street v. PittsSupreme Court of Alabama · 1939
- Reynolds v. LoveSupreme Court of Alabama · 1915
- Lyons v. JacowaySupreme Court of Alabama · 1921
- Berry v. BrombergSupreme Court of Alabama · 1904