Legal Opinion

Foster v. Carlisle

Supreme Court of Alabama

Decided January 21, 1909PublishedCited by 5 opinions

Appeal from Bullock Circuit Court. Heard, before Hon. A. A. Evans. Ejectment by R. M. Poster and others, executors-, against George Carlisle and others, for a 12-foot strip of land. Judgment for defendants, and plaintiff’s appeal Most of the facts appear in the opinion.

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Appeal from Bullock Circuit Court. Heard, before Hon. A. A. Evans. Ejectment by R. M. Poster and others, executors-, against George Carlisle and others, for a 12-foot strip of land. Judgment for defendants, and plaintiff’s appeal Most of the facts appear in the opinion. Assignment of error 3 is as follows: “(3) In permitting the appel lees to ask the witness J. P. Radford the following question, found on page 19 of the record, to-wit: ‘Tell the jury what was the southern boundary line of the Chappell mill lot at the time Mr. Ohap-pell owned it and conveyed it to you and your brothers, and…

1Opinion of the CourtMcCLELLAN, J.

The contest in this controversy involved tbe inquiry whether a certain strip of land in Union Springs, described in tbe complaint, belonged to tbe “Chappell mill lot,” as plaintiffs contended, or to tbe “B. B. Holmes lot,” as tbe defendants contended. Tbe issue was one to be controlled by finding of fact. Tbe errors assigned all relate to rulings of tbe court admitting testimony.

J. P. Badford was examined as a witness for tbe defendants. He was one of tbe grantees in tbe deed conveying tbe “Chappell mill lot” from ‘Chappell to tbe Badfords. This deed described the property conveyed as…

2Cases cited3 opinions

  1. Chambers v. RingstaffSupreme Court of Alabama · 1881
  2. Guilmartin v. WoodSupreme Court of Alabama · 1884
  3. Griffin v. HallSupreme Court of Alabama · 1896

3Cited by5 opinions

  1. Pieme v. ArataSupreme Court of Alabama · 1919
  2. McMillan v. AikinSupreme Court of Alabama · 1914
  3. King v. WestbrookSupreme Court of Alabama · 1978
  4. Foster v. ReddickSupreme Court of Alabama · 1909
  5. McIntyre v. CameronSupreme Court of South Carolina · 1923

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