McBrayer v. Cariker
Supreme Court of Alabama
Appeal from the Circuit Court of Elmore. Tried before the Hon. James Q. Smith. This action was brought by W. W. Cariker, Mattie Oariker, S. C. Cariker, J. H. Cariker, S. E. Cariker, F. L. Adams, S. C. Cariker, A. B. Cariker, and F. M. Cariker (the last two being infants, and suing by,their next friend), against James H. McBrayer, to recover a tract of land in said county containing about two hundred acres', being a part of section twenty (20), in township twenty (20), range…
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Appeal from the Circuit Court of Elmore. Tried before the Hon. James Q. Smith. This action was brought by W. W. Cariker, Mattie Oariker, S. C. Cariker, J. H. Cariker, S. E. Cariker, F. L. Adams, S. C. Cariker, A. B. Cariker, and F. M. Cariker (the last two being infants, and suing by,their next friend), against James H. McBrayer, to recover a tract of land in said county containing about two hundred acres', being a part of section twenty (20), in township twenty (20), range twenty (20), together with damages for its detention; and was commenced on the 15th April, 1878. The defendant pleaded —…
1Opinion of the Court
BEICKELL, C. J.'
It was the right of the plaintiffs, during the progress of the trial, indeed at any time before final judgment, to amend the complaint, in any respect in which it was defective; and the amendment might be by adding to or striking out parties, plaintiff or defendant. — Crimm v. Crawford, 29 Ala. 623; Forcheimer v. Pickard, 27 Ala. 142; Prater v. Miller, 25 Ala. 320.
2. The recital in the conveyance of Edwards is, that the consideration, one thousand dollars, was paid by Sydney S. Cariker, as trustee for his mother, and her living and after-born children. The recital must be…
2Cases cited5 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Goldsmith, Forcheimer & Co. v. PicardSupreme Court of Alabama · 1855
- Prater v. MillerSupreme Court of Alabama · 1854
- Comby v. McMichaelSupreme Court of Alabama · 1851
- Huckabee v. BillingslySupreme Court of Alabama · 1849
3Cited by17 opinions
- Robinson v. PierceSupreme Court of Alabama · 1897
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Foster v. NapierSupreme Court of Alabama · 1883
- Gindrat v. Western RailwaySupreme Court of Alabama · 1892
- Doe ex dem. Gosson v. LaddSupreme Court of Alabama · 1884
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