Bethea v. McCall
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. THIS was an action of trespass to try title, by the defendant against the plaintiff in error. The plaintiff below obtained a verdict, and judgment was rendered thereon.
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Error to the Circuit Court of Lowndes. THIS was an action of trespass to try title, by the defendant against the plaintiff in error. The plaintiff below obtained a verdict, and judgment was rendered thereon. By a bill of exceptions, it appears that the deed under which the plaintiff claimed, was alleged to have been lost, ahd was not in the possession of plaintiff, and to lay the foundation for proof of its contents, a witness was examined, who deposed that he was a subscribing witness to a deed made by the defendant to the infant plaintiff, in the year 1824, and delivered to him, and then…
1Opinion of the CourtOrmond, J.
The first and second assignments of error are founded on the supposition, that an infant cannot commence a suit by his next friend, without first obtaining an order of Court for that purpose. The right of an infant thus to sue, is expressly given by statute. Aik. Dig. 279, § 118. And it cannot be doubted that it was the design of the legislature to au-thorise suits to be commenced-in this mode, without first obtaining leave of the Court, as the infant might be otherwise seriously prejudiced. After the suit is thus commenced, the pro-chien ami will be restrained by the Court from doing any…
2Cases cited3 opinions
- Isaacs v. BoydSupreme Court of Alabama · 1837
- Jones v. ScottSupreme Court of Alabama · 1841
- Mordecai v. BealSupreme Court of Alabama · 1839
3Cited by5 opinions
- Hooks v. SmithSupreme Court of Alabama · 1850
- Barwick v. RackleySupreme Court of Alabama · 1871
- Klaus v. StateMississippi Supreme Court · 1877
- In re Estate of Harris, Superior Court of California, County of San Francisco1908
- Swope v. SwopeSupreme Court of Alabama · 1911