Ryan v. Beard's Heirs
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. Leroy F. Box. This action was brought by Samuel F. Ryan, against Arthur C. Beard and Columbus Kilpatrick, to recover the possession of a tract of land, with damages for its detention ; and was commenced on the 18th December, 1876. Beard died pending the suit, and it was thereupon revived against his heirs and personal representative, Kilpatrick being in possession as the tenant of Beard.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. Leroy F. Box. This action was brought by Samuel F. Ryan, against Arthur C. Beard and Columbus Kilpatrick, to recover the possession of a tract of land, with damages for its detention ; and was commenced on the 18th December, 1876. Beard died pending the suit, and it was thereupon revived against his heirs and personal representative, Kilpatrick being in possession as the tenant of Beard. The land sued for was described in the complaint as “ the north-west part (B) of fractional section seventeen (17), township seven (7), range…
1Opinion of the CourtStone, J.
— At a former term of the court, defendants submitted an affidavit for a continuance, in which they set forth what they expected to prove by Bush, an absent witness, who had been summoned, but did not attend. For the purpose of obtaining a trial, plaintiff’s counsel admitted that the witness, if present, would testify as therein set forth. — Buie of Practice in Circuit Courts, No. 16; Code, p. 160. Such admission is not an admission that the statements therein set forth are true, nor is it an agreed state of facts. The party making such admission is not even held to admit either the…
2Cases cited4 opinions
- Walker v. ElledgeSupreme Court of Alabama · 1880
- Montgomery & Wetumpka Plank-Road Co. v. WebbSupreme Court of Alabama · 1855
- Peterson v. StateSupreme Court of Alabama · 1879
- Ryan v. KilpatrickSupreme Court of Alabama · 1880
3Cited by3 opinions
- Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
- Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
- Kelly v. KippMontana Supreme Court · 1926