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77 Ala. 379

Moore v. Helms

Supreme Court of Alabama

Decided December 15, 1884

Supreme Court of Alabama · decided 1884-12-15

Statutory Real Action in nature of Ejectment. Appeal from the Circuit Court of Coffee. Tried before the Hon. II. D. Clayton. This action was brought by Thomas Moore, against Melton Helms, to recover the possession of a tract of land, with damages for its detention.

Cited by 4 later decisions — most recently May 1928

4 state decisions

Relies on Pearce v. Clements

Good law ✅— No negative treatment on recordhow we know

Decided 1884-12-15

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SOMERVILLE, J.

¶1The bill of exceptions -fails to set out any evidence of plaintiff’s title to the lands in controversy. We can not supplement this defect by reference to a paper copied by the clerk of the Circuit Court into another part of the record, purporting to be a certificate of entry signed by one who is styled a Receiver, without marks of reference or identification, by number, names, dates or otherwise. There is a failure to incorporate the paper in the bill, and it therefore forms no part of it. Pearce v. Clements, 73 Ala. 256, and cases cited ; Parsons v. Woodward, Ib. 348.

¶2The plaintiff showing no title in himself, the general charge to find for the defendant was properly given.

¶3We need not consider the other questions, but will observe that we are inclined to think there is n'o error in the record upon any of the assignments of error urged by the appellant.

¶4Affirmed.

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