The Southern Reporter (Volume 1) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1887 Excerpt: ... foundation of the plaintiff's title to the lands sued for, was not verified by this, or, indeed, by any, affidavit. The court erred, therefore, in admitting it, and also in giving the affirmative charge to find for the plaintiff. Driggers v. Cassady, 11 Ala. 529; Carlisle v. Wattt, 78 Ala. 436; Watson v. Kent, Id. 602. If the state acquired no title by purchase at the tax sale, the auditor's certificate of transfer could, of course, confer none; for it purports to transfer to the plaintiff, by way of redemption, only the "rights acquired by the state to the lands described under and by virtue of the sale for taxes." Boykiu .Smith, 65 Ala. 294. Reversed and remanded. (81 Ala. 335) Phxenix Ins. Co. -. Mooo, Surviving Partner. (Supreme Court of Alabama. January 11, 1887. 1. Marine Insurance--Action On Policy--Defense Of Fraud--Instructions. In an action on a policy of insurance on a cargo of merchandise burned with the vessel on which it was being transported, an instruction that the defenses set up may be reduced to two: (1) Unseaworthiness of the vessel; (2) that she was burned by the procurement of the plaintiffs, or that they were accessory to such burning, --is erroneous, when the defense is also made that plaintiff's cargo was fictitious. But where, in the further progress of the charge, it is stated that defendant's claim to have proven that the vessel was loaded with a fictitious cargo, and that, "if your minds are satisfied that they plaintiffs could have been guilty of such frauds. they cannot recover," the error in the earlier part of the charge is rendered harmless. 2. Trial--Instructions--Degree Of Proof. A charge which instructs the jury in a civil case that, "to establish a charge of fraud, the facts must be such that they are not explicable...