Langley v. Shanks
Langley v. Shanks
Opinion of the Court
The “record further shows that the complaint was amended by striking all parties defendants [meaning plaintiffs, we suppose] except Augusta Shanks and Mary Langley, and further that Mary Langley was a niece of Susan Littlefield, deceased.”
We have not been able to find In the record any such amendment. Since all of the plaintiffs in statutory ejectment must recover or none can recover (Dake v. Sewell, 145 Ala, 581, 585, 39 South. 819; Knight v. Hunter, 155 Ala. 238, 46 South. 235) and, since the record discloses no evidence tending to show the right of all the plaintiffs to recover, the defendants were entitled to the general affirmative charge requested in their behalf.
A. J. Langley and Mrs. Thompson were not competent to testify to what took place upon the occasion of the execution of the deed to them by Mrs. Littlefield, sip.ee deceased. Code, § 4007.
The judgment is reversed, and the cause is remanded.
Reversed and remanded.
Reference
- Full Case Name
- LANGLEY Et Al. v. SHANKS Et Al.
- Cited By
- 2 cases
- Status
- Published