Skinner v. Campbell
Skinner v. Campbell
Opinion of the Court
'The appellants filed a bill in equity in the Circuit ’■Court ,of Santa Rosa County against appellees to re-strain* alleged trespassing by the latter upon a tract of -land) there situated described as the “Mary Weaver-Grant” by the cutting of pine timber thereon, appellants alleging .ownership thereof and that it was wild, unoccupied and unimproved land. The defendants (appellees 'here) in their answer merely denied that the complainants (appellants here) owned the lands, and averred .title in themselves. Testimony was taken before a master and reported to the court and on final hearing thereon, a final decree was rendered" dissolving a temporary injunction theretofore granted and dismissing the bill. From this decree the complainants below have taken their appeal, and assign as error the dissolution of their injunction and the dismissal <of their bill. The complainants claimed title through an execution sale had in December, 1867, based on a judgment for $3,000 rendered at the Fall term, 1859, in the Circuit Court of Santa Rosa counity in favor of Christian Campbell against Neil Oampbéll, the father of the defendants the testimony ■showing that the said judlgment debtor, Neil Campbell,
The dtecree of the Circuit Court is reversed with directions to- permit the complainants by appropriate proceedings, if they shall be so advised, to establish, if they can, copies of the lost or destroyed originals of the judgment and execution in favor of Christian Campbell against Neil Campbell, Sr., and of the deed by A. B. Dixon as sheriff to Christian Campbell and George G. McWhorier in pursuance of the execution sale made by such sheriff, and of the deed from! Christian Campbell and George G. McWhorter to William' Y. Jernigan, and to defer the final hearing of this caus’e for a reasonable time to permit such establishment proceedings to be instituted and determined, and in the event such lost or destroyed documents shall be successfully established, that the complainants be permitted to introduce them it. evidence herein, and for such further proceedings as may be consonant with equity practice. It is further adjudged that the appellees do pay the costs of this appeal.
Reference
- Full Case Name
- E. H. Skinner and David D. McDavid v. Wash Campbell and Neil Campbell
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- APPELLATE PRACTICE—OBJECTIONS TO TESTIMONY IN CHANCERY CAUSES MUST BE EXPRESSLY. RULED UPON BY CHANCELLOR BEFORE APPELLATE REVIEW THEREOF. 1. Under the provisions 'of rule 19, Supreme Court Rules, as. amended on February 17, 1897, no objection will be allowed to be taken in the appellate court to the admissibility or competency of any testimony, oral or documentary, found in the record as evidence in a chancery cause, unless the record affirmatively shows that the objection thereto was presented to the chancellor and expressly-ruled upon by hirü-in thé court below at or before the final hearing of the cause. Every paper purporting to he evidence found copied by the clerk into the record in a; chancery cause will be presumed by the appellate court to have been offered in evidence in the court below,