Bumpass v. Webb
Supreme Court of Alabama
Writ of error from the Circuit Court of Lauderdale. THIS was an action of trespass, brought by the defendant in error, against the plaintiff in the Circuit Court of Lauder-dale, as well to try title to eighty acres of land, as to recover damages for its occupation. The cause was tried on the plea of “ not guilty.”
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Writ of error from the Circuit Court of Lauderdale. THIS was an action of trespass, brought by the defendant in error, against the plaintiff in the Circuit Court of Lauder-dale, as well to try title to eighty acres of land, as to recover damages for its occupation. The cause was tried on the plea of “ not guilty.” On the trial, a bill of exceptions was certified, at the instance of the plaintiff in error; from which, among other things, it appears, that the plaintiff below, claimed title to the premises in question, under a purchase made at a sale, in virtue of an execution, at the suit of…
1Opinion of the CourtCollier, C. J.
1. In respect to-the admission of the record of the cause in which the execution issued, under which the defendant in. error purchased, we can discover no error. There was no necessity for producing the sheriff’s deed to the premises, in order to let in proof of the record; conceding that, that paper was an essential link in the chain of title, yet its non-production, did not warrant the exclusion of other evidence material and pertinent. The plaintiff in error could not have been prejudiced, for it was entirely competent for him to have asked the Court to instruct the jury as to the legal…
2Cited by6 opinions
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Pool v. DeversSupreme Court of Alabama · 1857
- Hopkins v. CrewsSupreme Court of Alabama · 1929
- Cobb v. Miller, Ripley & Co.Supreme Court of Alabama · 1846
- Adamson v. CumminsSupreme Court of Arkansas · 1850
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