Select Cases Argued And Determined in the Supreme Court of Alabama, During the Years 1861-'62-'63
Select Cases Argued And Determined in the Supreme Court of Alabama, During the Years 1861-'62-'63
Alabama Supreme Court
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Co., 14 Ala. 777; Mitchell v. Mitchell, 8 Ala. 421- J. W. Posey, contra, — The decree of the court below is 54^ SUPREME COURT _^ A u trey v. Autrey's Adm'r. ' folly sastained by the evidence. The subsequent decla- rations of the intedtate, if admissible for any purpose, are not sufficient to outweigh the other facts in proof; and they are not competent evidence. — Rumbly v. Stain- ton, 24 Ala. 712 ; Martin v. Hardcsty, 27 Ala. 458 ; Gil- lespie V. Burleson, 28 Ala. 552 ; May v. Maj^, 28 Ala. 15...8. R. W. WALKER, J.— [July 8, 1861.]— T3he rule is, that when either money or property is given by a parent to his child, it will be presumed to be an "advancement" under the statute, unless the nature of the gift repels such presumption; as in the* case of trifling presents, money expended for education, &c. But the presump- tion, that property given by a parent to his child was in- tended as an 'advancement,' may be repelled by evidence showing that a gift, and not an advancement, was in- tended ; and for this purpose, the contemporaneous dec- Jarations of the parent are admissible.
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