Cain v. Penix
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. JOHN E. MooRE. This action was brought by William L. Cain against John Penix; and the bill of exceptions shows the following facts: “ The plaintiff gave in evidence, on the trial, a deed from one Hooper to himself for the land in controversy, and also proved the existence and loss of a deed from the sheriff of Cherokee county to said Hooper for said land, and that said land had been levied on and sold as the…
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Appeal from the Circuit Court of Cherokee. Tried before the Hon. JOHN E. MooRE. This action was brought by William L. Cain against John Penix; and the bill of exceptions shows the following facts: “ The plaintiff gave in evidence, on the trial, a deed from one Hooper to himself for the land in controversy, and also proved the existence and loss of a deed from the sheriff of Cherokee county to said Hooper for said land, and that said land had been levied on and sold as the property of one Crawford, under an order of sale from the circuit court of said county; which order of sale, and the…
1Opinion of the CourtRice, C. J.
The charge of the court below assumes that there is an irreconcilable conflict between the testimony of the two witnesses, Hooper and Lay. In making this assumption, the court went beyond the limits assigned to it by the law, and invaded the province of the jury. Even if the tes*376timony of these witnesses was apparently at variance, (as to which we say nothing,) it was clearly for the jury to consider and determine whether their testimony was' not in reality reconcilable, and whether there was any extrinsic reason disclosed by the evidence in the cause, for suspecting such willful and corrupt…
2Cited by4 opinions
- Perry v. StateSupreme Court of Alabama · 1884
- Birmingham Railway Light & Power Co. v. LeeSupreme Court of Alabama · 1907
- Roberts & Hoge v. PawleySupreme Court of South Carolina · 1897
- Harman v. Appalachian Power Co.West Virginia Supreme Court · 1915