Sledge v. Singley
Supreme Court of Alabama
Appeal from the Circuit Court of Choctaw. Tried before the Hon. John C. Anderson. This was a statutory action of ejectment, brought by the appellees against the appellants, to recover certain lands specifically described in the complaint. The plaintiffs claimed the lands sued for by inheritance from Jackson Singley, deceased, who was the father of some of the plaintiffs and grandfather of others.
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Appeal from the Circuit Court of Choctaw. Tried before the Hon. John C. Anderson. This was a statutory action of ejectment, brought by the appellees against the appellants, to recover certain lands specifically described in the complaint. The plaintiffs claimed the lands sued for by inheritance from Jackson Singley, deceased, who was the father of some of the plaintiffs and grandfather of others. Tom Sledge was in possession of said lands as a tenant of John Greene, the other defendant, and said John Greene claimed title to the lands by inheritance from his father. There was evidence…
1Opinion of the CourtMcclellan, C. J.
Section 1797 of the Code, which provides that “the execution of any instrument of writing attested by witnesses may be proved by the testimony of the maker thereof without producing or accounting for the absence of the attesting witnesses,” is *349iu derogation of tlie common law and its operation should not be extended beyond its terms. The provision was intended to meet a situation which frequently arises in trials where proof of the execution of writings attested by witnesses becomes necessary. The attesting witnesses are absent while the maker, generally a party to the cause, is present; and…
2Cited by11 opinions
- Addington v. StateAlabama Court of Appeals · 1916
- Brannan v. HenrySupreme Court of Alabama · 1904
- Jones v. RutledgeSupreme Court of Alabama · 1918
- Owen v. MoxonSupreme Court of Alabama · 1910
- Earnest v. FiteSupreme Court of Alabama · 1924
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