Oliver v. Williams
Supreme Court of Alabama
Appeal from Marengo' Circuit Court. Heard before Hon. John T. Lackland, , Ejectment by Arthur Williams against J. H. Oliver. Judgment for plaintiff and defendant appeals. Where partition is by parol and possession is taken and held thereunder, this will take it out of the statute of frauds. — 9 South. 359.- Miss Kirkman was called by the plaintiff and hence, her evidence was admissible on cross examination as to the parts of her father’s and mother’s land.
Read the full summary
Appeal from Marengo' Circuit Court. Heard before Hon. John T. Lackland, , Ejectment by Arthur Williams against J. H. Oliver. Judgment for plaintiff and defendant appeals. Where partition is by parol and possession is taken and held thereunder, this will take it out of the statute of frauds. — 9 South. 359.- Miss Kirkman was called by the plaintiff and hence, her evidence was admissible on cross examination as to the parts of her father’s and mother’s land. German v. Brown & Leeper, 145 Ala. 264. The court should have permitted the witness Jowers to state whether there was an agreement between…
1Opinion of the CourtSayre, J.
Statutory action in the nature of ejectment. Plaintiff and. defendant in the trial court, who are respectively appellee and appellant, here traced title to a common source, Ashley Williams, plaintiff’s grandfather. Plaintiff proved title and possession in Ashley Williams, and his heirship through Caleb Williams, his father, and on this evidence had a recovery for a one-fifth interest in the property sued for. The defendant offered to prove a parol partition between the widow and children of Ashley, by which the land sued for was assigned to Minerva Pullen, an aunt of plaintiff, subsequent…
2Cases cited15 opinions
- Ashford v. AshfordSupreme Court of Alabama · 1902
- Yarborough's Adm'r v. AvantSupreme Court of Alabama · 1880
- Alabama Gold Life Insurance v. SledgeSupreme Court of Alabama · 1878
- Stuart v. BakerTexas Supreme Court · 1856
- Doe ex dem. Holt v. AdamsSupreme Court of Alabama · 1898
10 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Betts v. WardSupreme Court of Alabama · 1916
- Ingalls Iron Works Company v. IngallsDistrict Court, N.D. Alabama · 1959
- Williams v. MassieSupreme Court of Alabama · 1924
21 more not listed; retrieve them via the Exa API.