Smelser v. Drane

Supreme Court of Alabama

Smelser v. Drane

19 Ala. 245

CourtSupreme Court of Alabama

DecidedJanuary 15, 1851

StatusPublished

Cited by1 cases

This text of 19 Ala. 245 (Smelser v. Drane) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smelser v. Drane, 19 Ala. 245 (Ala. 1851).

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Opinion

PARSONS, J.

Drane, who was plaintiff below, claimed the land for which he brought this suit, as purchaser at a sale under execution. The Circuit Court allowed the execution to be proved by one of the witnesses of the plaintiffs below, although its loss or destruction was not proved, nor its absence accounted for, nor was any transcript of the record embracing the execution offered. This, we think, ivas erroneous.

Let the judgment be reversed, and the cause remanded.

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PARSONS, J.

Drane, who was plaintiff below, claimed the land for which he brought this suit, as purchaser at a sale under execution. The Circuit Court allowed the execution to be proved by one of the witnesses of the plaintiffs below, although its loss or destruction was not proved, nor its absence accounted for, nor was any transcript of the record embracing the execution offered. This, we think, ivas erroneous.

Let the judgment be reversed, and the cause remanded.

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Bluebook (online)

19 Ala. 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smelser-v-drane-ala-1851.

Opinion

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