Badger v. Lyon
Supreme Court of Alabama
Writ of error to the Circuit Court of Jefferson. Tbespass, by Lyon against Badger, to try title to a certain lot of land, described in the declaration. At the trial, parol evidence was given by the plaintiff, that one Steele went into possession of the lot about the year 1827, previous to which time one King had resided on the lot. Steele continued in possession, and resided on the lot, until some time in the spring of 1S40, when he left the country.
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Writ of error to the Circuit Court of Jefferson. Tbespass, by Lyon against Badger, to try title to a certain lot of land, described in the declaration. At the trial, parol evidence was given by the plaintiff, that one Steele went into possession of the lot about the year 1827, previous to which time one King had resided on the lot. Steele continued in possession, and resided on the lot, until some time in the spring of 1S40, when he left the country. From the time Steele left, the defendant came in possession, and so continued up to the time of the trial. The witness who gave this evidence,…
1Opinion of the CourtGoldthwaite, J.
— The objection, that the charge assumes a fact, which should have been left to the jury to decide, we think is without any legal foundation. If the controversy between these parties was with reference to the facts of the case, it is not easy to see why the bill of exceptions should be presented in the manner it now is, for the entire frame of it, in that event, would probably have been different; as it is, Steele’s possession, in effect, is conceded by the manner in which the evidence is stated. The point ruled by the Court below, is as to the' effect of the possession, and had no reference…
2Cases cited4 opinions
- Whitney v. WrightNew York Supreme Court · 1836
- Fowke v. DarnallCourt of Appeals of Kentucky · 1824
- Jackson ex dem. Young v. EllisNew York Supreme Court · 1816
- Doe ex dem. Heydenfeldt v. MitchellSupreme Court of Alabama · 1844
3Cited by18 opinions
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Baucum v. GeorgeSupreme Court of Alabama · 1880
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- Wilburn & Co. v. McCalleySupreme Court of Alabama · 1879
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