Report of Cases Argued And Determined in the Supreme Court of Alabama volume 16
Report of Cases Argued And Determined in the Supreme Court of Alabama volume 16
Alabama Supreme Court
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WILLIAMS, for plaintiff in error: 1. The court should not have admitted the second deposi- tion of Jno. D. Ross, as it was taken without an order of court. 2. The court should have suppressed so much of the depo- sition of the same witness as relates to the power of attorney from Ross to Crane : because, 1st the interrogatory did not call for such an answer ; 2d it was the admission of parol proof of a writing, without a previous predicate ; 3d it was allowing the witness to fix the character o...f the instrument without giving its contents. 3. The court should have excluded all the proof in reference to the power of attorney : because, 1st it did not authorise the making of a deed for land ; 2d the ratification by Wm. Ross was not until 1843, long after plaintiff's purchase ; 3d until this ratification the fee was in Ross and no one else could convey it. Fripps v. McGehee, 5 Port. 413, and cases cited. 4. The record of Bibb's will was improperly admitted as evidence, because; 1st a will can only be proven in solemn form in chancery.
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