Smith v. Keyser
Supreme Court of Alabama
Appeal from the Circuit Court of Conecuh. Tried before the Hon. John R. Tyson. This was a statutory action of ejectment, brought by the appellee, Harriet S. ICeyser, as executrix of William J. Keyser, deceased, against the appellants, to recover certain lands specifically described in the complaint.
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Appeal from the Circuit Court of Conecuh. Tried before the Hon. John R. Tyson. This was a statutory action of ejectment, brought by the appellee, Harriet S. ICeyser, as executrix of William J. Keyser, deceased, against the appellants, to recover certain lands specifically described in the complaint. The defendant, A. G. Smith, was tenant in possession of the land sued for, and upon his motion, his landlords, R. L. Johnson, William M. Johnson and others, were made parties defendant. The defendants pleaded the general issue and adverse possession of the lands sued for for ten years. The…
1Opinion of the CourtHaralson, J.
1. The first assignment of error is the ruling of the court excluding the deposition of A. J. Hawsey, deceased, who was called Jack Hawsey. The abstract states, that the “defendants offered to introduce in evidence the depositions of A. J. Hawsey then deceased, taken in a former suit between these parties, *458■which depositions are as follows,” &c. The objection raised to the introduction of this evidence was, “because the parties to the suit in which thejr [the depositions] were taken, were not the same as in this suit.”
The offer of defendant, was to introduce said deposition “taken in a former…
2Cases cited9 opinions
- Marler v. StateSupreme Court of Alabama · 1880
- Lucas v. PittmanSupreme Court of Alabama · 1891
- Black v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Goodlett v. KellySupreme Court of Alabama · 1883
- Russell v. WalkerSupreme Court of Alabama · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Louisville N. R. Co. v. ScottSupreme Court of Alabama · 1935
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Mobile, J. &. K. C. R. R. v. HawkinsSupreme Court of Alabama · 1909
- Henry v. BrownSupreme Court of Alabama · 1904
- Metropolitan St. Ry. Co. v. GumbyCourt of Appeals for the Second Circuit · 1900
8 more not listed; retrieve them via the Exa API.