Bain v. Bain

• Decision Date: 16 April 1907
• Citation: 43 So. 562,150 Ala. 453
• Parties: BAIN v. BAIN ET AL.
• Court: Alabama Supreme Court

43 So. 562

150 Ala. 453

BAIN v. BAIN ET AL.

Supreme Court of Alabama

April 16, 1907

Appeal from City Court of Anniston; Thomas W. Coleman, Jr., Judge.

Action by W. L. Bain against James R. Bain and others. From a judgment for defendants, plaintiff appeals. Affirmed.

This was an action of ejectment between brothers. The assignments of error argued are as follows: "(2) The court erred in sustaining defendant's objection to the following question to plaintiff's witness C. P. Bain: 'If you heard C. L. Bain make any statements about having executed the deeds of gift subsequent to the day on which they were executed, please state fully all that was said, when and where it was, and who were present.' * * * (8) The court erred in sustaining defendant's objection to the following question to the plaintiff's witness Scarbrough 'Please state whether or not you had a conversation with C. L. Bain, in the early part of the year 1895, shortly after the deeds in evidence were made, in which he expressed to you dissatisfaction at having made such deeds; and if you say you did have such conversation, then please state all what was said to him.' * * * (10) The court erred in sustaining defendant's objection to the file of papers in the cause in the chancery court of Calhoun county of C. L. Bain complainant, against S. L. Bain et al., which the plaintiff offered to introduce in evidence. * * * (13) The court erred in refusing to give the jury written charge 1, which was in words and figures as follows: 'The court charges the jury that if J. R. Bain took any part in and about the execution of the deeds to his wife and children, or the procurement of them being made by C. L. Bain, such as securing a conveyance or vehicle for him to ride in to Jacksonville, and a party to accompany him in the vehicle, on the day the deeds were made then the burden of proof is upon the defendants to reasonably satisfy you by the evidence that C. L. Bain made the deeds voluntarily, and without any undue influence.' " There was judgment for defendant, and plaintiff appeals.

T. C Sensabaugh, for appellant.

Blackwell & Agee, for appellees.

DENSON J.

This is a statutory action of ejectment, in which the plaintiff seeks to recover an undivided half interest in the lands described in the complaint. The plaintiff and the defendant J. R. Bain are brothers, and the only heirs at law of C. L. Bain deceased, who was their father. Prior to the death of the deceased, which occurred in the year 1900, he resided with the defendants; and in 1895, while so residing, he made two deeds, by one of which he conveyed to Sobrinie V. Bain (one of the defendants), the wife of J. R. Bain, 131 acres of the land sued for, and by the other 28 acres to the children of J. R. Bain and Sobrinie V. Bain. J. R. Bain and the grantees in the deeds are the defendants in this cause. The contention of the plaintiff on the trial of the cause was that the execution of the deeds was...