Stevenson v. Moody
Supreme Court of Alabama
Appeal from tbe Circuit Court of Pike. Tried, before tbe Hon. John P. Hubbard. This action was brought by Irby Moody and Jane Moody, husband and wife, against Henry Stevenson and Julia Stevenson, also husband and wife, to recover tbe possession of a tract of land containing one hundred and forty acres, which was particularly described; and was commenced on tbe 3d March, 1887. Each party claimed under a deed from J. C. Kindred, who was tbe father of Mrs. Moody and Mrs.…
Read the full summary
Appeal from tbe Circuit Court of Pike. Tried, before tbe Hon. John P. Hubbard. This action was brought by Irby Moody and Jane Moody, husband and wife, against Henry Stevenson and Julia Stevenson, also husband and wife, to recover tbe possession of a tract of land containing one hundred and forty acres, which was particularly described; and was commenced on tbe 3d March, 1887. Each party claimed under a deed from J. C. Kindred, who was tbe father of Mrs. Moody and Mrs. Stevenson. The deed to tbe plaintiffs from said J, 0. Kindred, which they offered in evidence on the trial, “was duly executed…
1Opinion of the CourtClopton, J.
The declaration of exemptions would have been admissible in evidence, as an admission by Jane Moody, one of the plaintiffs, that she adopted and acted upon the alleged partition, and claimed the lands allotted to her, if proof had been made that she signed or verified the declaration, or a properly certified transcript of the record of the Probate Court had been offered. The bill of exceptions, which purports to set out all the evidence, fails to show that such proof was made or proposed, or that such transcript was offered. We can not make presumptions against the statements of the record,…
2Cases cited1 opinion
- Bedwell v. BedwellSupreme Court of Alabama · 1884
3Cited by5 opinions
- Walker v. StateSupreme Court of Alabama · 1890
- Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
- Kirby v. StateSupreme Court of Alabama · 1889
- Stitt v. StateSupreme Court of Alabama · 1890
- Adams v. StateSupreme Court of Alabama · 1888