Williams v. Clark
Cases that cite this one
13 later published cases cite this decision.
- Hamaker v. Hamaker (Ala. Civ. App. 1975)
- K. Nickie Bateman, Attorney at Law, as administrator ad litem for the Estate of Minnie Pearl Harvey v. Inez Lee (Ala. 2025)
- McCallie v. McCallie (Ala. 1995)
- Davis v. Davis (Ala. 1965)
- Melton v. Melton (Ala. 1972)
- Myers v. Evans (Ala. 1971)
- Gray v. United Produce & Products Co. (Ala. 1971)
- Johnston v. Johnston (Ala. 1966)
- Smith v. York (Ala. 1965)
- Tate v. Smith (Ala. 1962)
- United Insurance Company of America v. Ray (Ala. 1960)
- Local No. 157 of the International Union of Mine, Mill & Smelter Workers v. Local No. 4202 United Steel Workers (Ala. 1957)
- New York Life Insurance v. Oates (Fla. 1935)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This appeal comes to us from the Circuit Court of Chambers County, in Equity, wherein that court settled a boundary line dispute between coterminous owners in favor of the appellee. The record is incomplete in that it does not contain the testimony of witnesses heard by the judge in open court and relied upon by him in his final decree.
Where no testimony is contained in the record, a decree which recites that it was granted on the pleadings, proofs, and testimony of witnesses will not be disturbed on appeal. Collins v. Loval, 56 Ala. 403. Further, it will be presumed that the evidence was sufficient to sustain the verdict, finding, judgment or decree where all the evidence is not in the record. — State v. Donaldson, 209 Ala. 400, 96 So. 617; Mooneyham v. Herring, 210 Ala. 168, 97 So. 638; 2 Ala.Dig., Appeal and Error, «=» 907(4).
Finally, it will be conclusively presumed on appeal that evidence omitted from the record but heard by the court would sustain the judgment. Broughton v. Broughton, 17 Ala.App. 255, 84 So. 635.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.